Arbitrator Provides Guidance for Employers Managing Commute to Work Accommodation Requests, Self-Reported Medical Restrictions, and Surveillance Evidence

In Toronto District School Board v Local 4400, Canadian Union of Public Employees, Arbitrator Stout dismissed an allegation of disability-related discrimination and failure to accommodate in the context of a commute to work. The case elaborates on the reasoning of Arbitrator Nyman in Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance #…

Supreme Court of Canada Finds Federal Genetic Non-Discrimination Act is Constitutional

On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…

Canada Labour Code COVID-19 Leave to be Extended by 8 Weeks

The federal Labour Program website related to COVID-19 states that the COVID-19 Canada Labour Code leave may be extended an additional 8 weeks (currently at 16 weeks) effective July 10, to align the leave with the recent increase to the maximum number of weeks a worker can receive the Canada Emergency Response Benefit (CERB). This…

The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity

In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Toronto and Peel Region Moving to Stage 2 of Re-Openings

The Ontario government has announced that the City of Toronto and Peel Region will move to Stage 2 of re-openings on June 24, 2020 at 12:01 a.m. For a summary of the conditions and restrictions on businesses re-opening, see our Human Resources Legislative Update post of June 9, 2020, Ontario Announces Stage 2 Regional Reopening….