In Aitchison v L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (HRTO) found that an employer did not discriminate against the applicant when his employment was terminated for smoking marijuana while at work, which was contrary to the employer’s “zero tolerance” policy. The applicant was employed as a seasonal painter…
Practice Area: Human Rights
Are Service Providers Liable for Harassment Between Customers? The Divisional Court Weighs In
In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…
Can Workplace Discrimination Arise Out of a “Non-Traditional” Employment Relationship? The Supreme Court of Canada Says “Yes”
In a recent decision, the Supreme Court of Canada held that workplace discrimination can be perpetrated by someone other than the complainant’s employer or superior. Accordingly, employers should be aware that they may be responsible for discrimination against workers who are not their employees, where a “sufficient nexus” exists between a complainant and a respondent in the employment context. Learn more in this FTR Now.
FTR Quarterly – Issue 8
In This Issue 10 Top Developments in Human Resources Law in 2017 The Road Ahead: Key 2018 Implementation Dates Cross-Border Expertise Featured Articles 10 Top Developments in Human Resources Law in 2017 By: Amanda Lawrence-Patel 2017 was quite a year for news – with harassment revelations that have rocked institutions across North America, a new…
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Human Rights Law
While Canada and the United States are alike in many respects, there are a few key differences in human rights law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.
AODA Compliance: Are You Ready to File Your Report?
All organizations in Ontario employing at least one employee are required to comply with a series of requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) standards and regulations. For organizations with 20 or more employees, the next mandatory reporting deadline is December 31, 2017. Learn more about your pending and future AODA compliance obligations and our AODA Compliance Checklist for employers in this FTR Now.
FTR Quarterly – Issue 7
In This Issue Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected FTRQ&A – Chronic Mental Stress Pension Plan Funding Reform: At the Precipice Pension, Benefits & Executive Compensation Featured Articles Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected By: Henry Dinsdale A number of recent changes to the…
Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In
In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…
Medical Marijuana in the Workplace [Video]
With an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond. In this video, Jacqueline Luksha discusses the implications of medical marijuana in the workplace and at places of business, touching on the duties of employers and service providers to accommodate medical marijuana’s use while ensuring a safe work environment. To assist employers and service providers, she provides some best practices on how to meet those obligations.
Arbitrator Declares that DECEs Need Not be Scheduled “Side By Side” with FDK Teachers
In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.