Employee absenteeism is one of the most challenging issues an employer faces. From administering an attendance management plan, to dealing with chronic absenteeism, to terminating an employee’s employment for failure to report to work, employers are often treading cautiously so as not to infringe on an employee’s privacy or human rights.
Practice Area: Human Rights
Supreme Court of Canada to Consider Jurisdictional Issue Involving Human Rights Complaint Arising in Unionized Workplace
On February 27, 2020, the Supreme Court of Canada granted leave to appeal from a decision of the Manitoba Court of Appeal, Northern Regional Health Authority v Manitoba Human Rights Commission et al, that found a human rights adjudicator had jurisdiction to hear complaints of discrimination where the workplace was governed by a collective agreement….
HRTO Orders Significant Remedies in Ontario Midwives Case
In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…
Jennifer J. Querney
Jennifer provides advice and representation to employers and management in both the private and public sector on labour, employment and human rights issues.
COVID-19 and Workplace Preparedness
Health officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.
Attendance Management Training Workshop
Employee absenteeism is one of the most challenging issues an employer faces. From administering an attendance management plan, to dealing with chronic absenteeism, to terminating an employee’s employment for failure to report to work, employers are often treading cautiously so as not to infringe on an employee’s privacy or human rights.
Ontario Introduces Plan to Reform Home and Community Care Services
On February 25, 2020, the Ontario government tabled Bill 175, Connecting People to Home and Community Care Act, 2020 (Bill 175). The legislation is intended to improve funding and access to home and community care for patients.
Arbitrator Renders Helpful Decision for Multi-Site Employers Dealing with Commute to Work Accommodation Requests
In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…
We Welcome a New Associate to the Firm
Hicks Morley is pleased to announce that Rebecca Liu has joined the firm as an associate in our Toronto office. Rebecca represents private and public sector employers in grievance arbitrations, human rights complaints, wrongful dismissal claims, employment standards complaints and employment contract disputes.
Management Rights, Sick Leave under HOODIP and More
In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.