Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
Practice Area: Human Rights
Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable
The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…
Reaching Out – Seventh Edition
Dear Friends, Welcome to the Fall Edition of Reaching Out. As we fall back an hour, we want to make sure that you do not feel like you are “falling back” in terms of current issues in labour and employment law that may affect your workplaces. In that regard, we have a full docket of…
New Employment Standards Leaves of Absence Coming Into Effect October 29, 2014
Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…
HRTO Decision Granting Significant Remedies Upheld on Appeal
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…
Reaching Out – Sixth Edition
Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…
Ontario Human Rights Commission Releases New Policy on Mental Disabilities and Addictions
One of the most significant challenges facing employers today involves identifying, managing and accommodating mental health and addiction issues in the workplace. In June 2014, the Ontario Human Rights Commission (“the Commission”) issued a new policy dealing with this issue. The new policy, entitled Policy on preventing discrimination based on mental health disabilities and addictions,…
Court of Appeal Reduces $1.45 Million Award to Constructively Dismissed Employee
The Court of Appeal for Ontario has released its decision in Boucher v. Wal-Mart Canada Corp. This case made headlines in 2012 after a jury trial awarded more than $1.45 million in compensatory, mental suffering, aggravated and punitive damages to Meredith Boucher for her claim that she was constructively dismissed as a result of the…
Employer Permitted to Define “Spouse” under Benefit Plan to Exclude Married but Separated Spouses
In a recent decision of the Ontario Human Rights Tribunal (“Tribunal”) in VanderLinde v. Oshawa (City) (“VanderLinde”), the Tribunal found that it is not discriminatory for an employer to require that an employee’s legally married spouse be living with the employee as a condition of eligibility as a spouse under its group benefit plan. In…
Reaching Out – Fifth Edition
Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…