Le 23 mai 2017, le gouvernement a publié le très attendu rapport final découlant de l’Examen portant sur l’évolution des milieux de travail. Ce rapport, intitulé Un programme pour les droits en milieu de travail (le « Rapport final »), a été préparé par les conseillers spéciaux nommés par le gouvernement, soit M. le juge John Murray…
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Recent Minimum Standards Cases of Note
In this Minimum Standards Monitor, we discuss two recent cases of interest to employers. In the first, an arbitrator found that an employee returning from maternity/parental leave was not entitled to the exact same work conditions which she left, even though the original job still existed. A comparable replacement position was sufficient…
Stephen Shamie Quoted in The Lawyer’s Daily on Former CFL Player’s Concussion Lawsuit
The Lawyer’s Daily quoted Hicks Morley’s Stephen Shamie in a May 16, 2017 article titled “B.C. Court of Appeal dismisses former CFL player’s concussion lawsuit”…
Ontario to Move Forward with Recommendations on Preventing Violence in the Healthcare Sector
The Ontario government has announced that it will be moving forward with certain recommendations from the Workplace Violence Prevention Care Report (Report), released on May 15, 2017, to enhance safety in hospitals and to reduce incidents of workplace violence across the healthcare sector. Among other things, the government will be consulting with stakeholders on the following…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our school board contacts about an often overlooked feature of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) – the assignment of formal powers and duties to the board of trustees itself…
Are You Properly Authorized to Make that Freedom of Information Decision?
This is a short reminder to our college contacts about an often overlooked feature of the Freedom of Information and Protection of Privacy Act (FIPPA) – the assignment of formal powers and duties to the Chair of the Board of Governors. These powers and duties include those related to the processing of freedom of information requests…
Equity, Diversity and Inclusion Action Plan Mandated for Canada Research Chairs
A new Equity, Diversity and Inclusion Action Plan to address the under-representation of women, Indigenous peoples, persons with disabilities and members of visible minorities among Canada Research Chairs will soon affect certain universities – and require proactive compliance within specified timelines…
Kathryn Meehan Quoted in Canadian HR Reporter on Women Wearing High Heels in the Workplace
Canadian HR Reporter quoted Hicks Morley’s Kathryn Meehan in an April 17, 2017 article titled “Do we need a law banning high heels?” The article explores gender discrimination in the workplace rooted in dress codes that require women to wear high heels…
Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court
The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
Guelph and District HRPA Employee Relations Peer Networking Meeting
Topic Attendance Management Programs and Avoiding Legal Pitfalls The one hour session will review the issues related to developing and implementing an Attendance Management Program. This often raises problems with union grievances, or human rights complaints, therefore a good understanding of the human rights code and accommodation principles, as well as some WSIB and ESA…