In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.
Insights
FTR Views
The legalization of recreational cannabis, which came into effect on October 17, 2018, has raised many questions for employers about cannabis use in the workplace, as well as potential coverage of cannabis under benefit plans. In this video, Mariana Kamenetsky and Kathryn Meehan talk about coverage for medical cannabis under Ontario’s workers’ compensation system.
Human Resources Legislative Update
WSIB Issues New Policy on Medical Cannabis
· 4 min readThe Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…
Case In Point
The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…
FTR Now
One year after releasing a new policy on sexualized and gender-specific dress codes, the Ontario Human Rights Commission (Commission) has released findings from its inquiry into related practices at certain large restaurant chains operating in the province. Learn more about it in this FTR Now…
Case In Point
Don’t Rush to Summary Judgment!
· 3 min readThe Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…
FTR Now
A decision of the Human Rights Tribunal of Ontario (Tribunal) which ordered reinstatement and back wages for an employee who had been…
School Board Update
The Divisional Court has ruled that two school boards have authority under the Education Act (Act) to…
Federal Post
Federal Post – Second Edition
· 19 min readDear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…
Case In Point
A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…
FTR Now
New ESA Compliance Obligations in Force May 20, 2015
· 5 min readEffective May 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA“) compliance obligations will come into force. These include new poster requirements and new powers for employment standards officers to order employer “self-audits.” In this FTR Now, we will review the new rules, and the impact that they will have on employers in Ontario….
Case In Point
The recent decision in Luney v. Day & Ross Inc. is good news for employers. The Plaintiff worked for an interprovincial trucking company subject to the Canada Labour Code (“Code”). The Defendant terminated the Plaintiff’s employment without cause and offered the Plaintiff a severance package that it asserted was consistent with the termination clause in…
Case In Point
The Divisional Court has upheld a decision of the Human Rights Tribunal of Ontario in which the Tribunal ordered significant damages against the Hamilton-Wentworth District School Board and also ordered reinstatement of an employee after an almost decade-long absence from the workplace. The Court agreed with the applicant’s submission that “the goal of the remedial provisions of the Code ought not to…
News
Notice Period for 70 Year Old Plaintiff Reduced
· 1 min readIn a recent decision, Kotecha v. Affinia, the Court of Appeal for Ontario reduced the 24.5 months’ notice that had been awarded to a 70 year old plaintiff, holding that there were no exceptional circumstances to justify the award. While the Court found that it was unlikely the employee would obtain similar employment, the award…
Case In Point
In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…
News
In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Case In Point
Is Drinking and Driving Cause for Dismissal?
· 3 min readIn some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…
News
Court Upholds Discharge for Sexual Harassment
· 1 min readIn a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…
Case In Point
In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…
Case In Point
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
News
In the recent case Branco v. American Home Assurance Company, the Court of Queen’s Bench for Saskatchewan ordered $4.5 million in punitive damages against two insurance companies arising from what the court found to be their “cruel and malicious acts” against an injured worker. The case involved a worker who was injured on the job…
Case In Point
A recent decision of the Court of Queen’s Bench for Saskatchewan, which granted an injured worker $4.5 million in punitive damages, has garnered considerable media attention. The plaintiff, Mr. Branco, was a Canadian citizen. He sued his employer (Kumtor, owned by Saskatchewan-based Cameco) and insurers AIG and Zurich Life in relation to benefits arising from…
News
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…
Case In Point
HRTO Renders Significant Remedies Decision
· 2 min readIn the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…
News
A recent arbitration award has found that a hospital’s dress code policy for unionized employees was unenforceable as it prohibited certain body piercings and required large tattoos to be covered. The arbitrator found that tattoos and piercings are a part of an employee’s identity and that the restrictions in the dress code policy were an…
Case In Point
Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…
News
The Human Rights Tribunal of Ontario recently found that an applicant breached the confidentiality provisions of her human rights settlement when she posted information about the settlement on Facebook. When the respondent learned of the breach, it refused to pay the monies owing under the settlement, and the applicant brought an application before the Tribunal…
Case In Point
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
News
Ontario employers must find room on their bulletin boards by October 1, 2012 to display a new Ministry of Labour poster entitled “Health and Safety at Work: Prevention Starts Here.” The poster was developed in response to a recommendation of the Expert Advisory Panel to review Ontario’s occupational health and safety system and summarizes key…
FTR Now
ESA Amendments Now In Force, Others Proposed
· 5 min readIn our FTR Now of April 24, 2009, “Amendments Made to Temporary Help Agencies”, we discussed important new amendments to the Employment Standards Act, 2000 (“ESA, 2000”) outlined in Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008 (“Bill 139”). Today, Bill 139 comes into force. As anticipated, the government of Ontario has…
FTR Now
New Rules of Civil Procedure
· 6 min readEffective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…