On March 6, 2015, the Ontario government published It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, a targeted action plan (“Plan”) to address sexual violence and harassment in Ontario, in part through significant legislative reforms and sector-specific training initiatives. Among other things, the Plan will target sexual violence and harassment in…
Practice Area: Human Rights
Ontario Publishes Review of AODA and Recommendations
On February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…
City Did Not Breach Duty to Accommodate When it Declined Firefighters’ Request for Exception to Mandatory Retirement Policy
In a recent decision, Corrigan v. Corporation of the City of Mississauga [1], the Divisional Court dismissed an application for judicial review of a decision of the Human Rights Tribunal of Ontario (the “Tribunal”), which found that the City of Mississauga did not breach its procedural duty to accommodate when it declined to accommodate suppression…
Benefits Canada Publishes an Article Authored by Jodi Gallagher Healy
An article authored by Hicks Morley’s Jodi Gallagher Healy was published in the December 29, 2014 edition of Benefits Canada. The article entitled, “How to maintain a workplace free of sexual harassment” outlines the legislative compliance requirements, a checklist for compliance, necessary communication and training an employer should provide its employees, and discusses the complaint resolution…
Maintaining a Workplace Free of Sexual Harassment
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…
EMS Matters Publishes an Article by Mark Mason and Stephanie Jeronimo
An article authored by Hicks Morley’s Mark Mason and Stephanie Jeronimo was published in the Winter 2014/2015 edition of EMS Matters. The article entitled, “Accommodating Mental Health Disabilities: What are Employers Obligated to Do?” discusses the importance of the duty to accommodate within the workplace. Mark and Stephanie address key issues that employers in the…
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…
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,…
The Ontario Bar Association Publishes an Article by Jacqueline Luksha
The Ontario Bar Association published an article authored by Hicks Morley’s Jacqueline Luksha in their May 28, 2014 edition entitled, “The Duty to Investigate Workplace Complaints Under the Ontario Human Rights Code…Is hind-sight really 20/20?” In the article, Jacqueline discusses lessons learned from Scaduto v. Insurance Search Bureau, including the importance of employers carrying out…
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…