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…

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…

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…

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,…

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…