Canadian human rights tribunals have, of late, been rendering decisions which examine the reach of “family status” as a prohibited ground of discrimination. Recently, the Canadian Human Rights Tribunal (the “Tribunal”) examined a case that involved eldercare responsibilities the applicant had for his mother-in-law. It found that the eligibility rules of the employer’s Relocation Directive…
Publication Type: Article
Alberta Employer Fined in Calf-Roping Machine Fatality Case
As we previously reported, an Alberta company was found liable by the Alberta Court of Appeal for failing to ensure the safety of its employees in the operation of a faulty calf-roping machine, rented from a third party for use at a client event. One of the employees was fatally struck by that malfunctioning machine….
Significant Punitive Damages Arising from Employee Termination
In the last several years, there have been some significant punitive damages awards in employment cases, where the court found that an employer acted in a “callous” or “hardball” manner upon termination. This recently happened in Pate Estate v. Galway-Cavendish and Harvey (Township). A trial judge had awarded $550,000 against a Township which had acted…
WSIB to Enforce Mandatory Construction Coverage Starting January 1, 2014
Effective January 1, 2014, the Workplace Safety and Insurance Board (“WSIB”) will begin enforcing mandatory coverage for certain categories of persons operating in the construction industry and prosecuting those persons who are not in compliance. This FTR Now provides the background to the recent amendments to the Workplace Safety and Insurance Act (“Act”) relating to…
Ontario Proposes Significant Changes to Workplace Laws
On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, 2013 (“Bill 146”). If passed, Bill 146 would make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance…
BCCA Decision Affirms Clear Language Needed to Reserve Right to Change Retiree Benefits
A recent decision of the British Columbia Court of Appeal, Lacey v. Weyerhaeuser, considered an employer’s right to unilaterally change post-retirement benefits. Although the retiree benefits at issue in this case had been voluntarily instituted, it was found that the employer had represented that the retiree benefits would be maintained on and after retirement, and…
Ontario Imposes Mandatory Health and Safety Awareness Training
On November 14, 2013, the Ontario government filed O. Reg. 297/13 Occupational Health and Safety Awareness and Training, a new regulation under the Occupational Health and Safety Act (“OHSA”) requiring employers to ensure workers and supervisors receive mandatory safety awareness training. In this FTR Now, we provide an overview of these new training obligations, and…
Supreme Court of Canada Hears Case Involving the Intersection of Privacy and Labour Relations Rights
The Supreme Court of Canada recently heard an appeal that involves the intersection of privacy rights with a union’s duty of representation to its membership. At issue was the request of the appellant that her employer not disclose her personal information to her union, to which she was obligated to pay dues but declined to…
Planning a Safe Holiday Celebration
The holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
Supreme Court of Canada Declares Privacy Legislation Invalid for Infringing Union’s Expressive Rights
Today, the Supreme Court of Canada rendered a significant decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. The unanimous Court held that the Alberta Personal Information Protection Act (“PIPA”) infringes a union’s right of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (“Charter“). In…