FTR Now

Bill 148: Public Hearing Dates Announced

On June 22, 2017, the Standing Committee on Finance and Economic Affairs (Committee) met to adopt procedural recommendations from its subcommittee with respect to the public hearings for Bill 148. Employers wishing to participate in these hearings should take note of the following information…

Human Resources Legislative Update

Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations

On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…

Case In Point

An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?

In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…

Human Resources Legislative Update

Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression

Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…

FTR Now

Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights

In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada has upheld a decision of the Alberta Human Rights Tribunal (Tribunal) which concluded that an employee who had a cocaine addiction was not dismissed because of that addiction; rather, he was dismissed for breaching his employer’s Alcohol, Illegal Drugs & Medical Policy (Policy)…

Federal Post

Federal Post – Sixth Edition

We are pleased to bring you this promised Federal Post edition on recent case law updates of significance to employers in the federal sector.
Laila Karimi Hendry and Amy Tibble, both of our Toronto office, write about two unjust dismissal cases “post-Wilson” that you should know about.
David Foster of our London office provides a summary of recent cases interpreting the new test for “danger” under the Canada Labour Code…

Case In Point

The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers

In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…

School Board Update

A Legislative and Case Law Update for School Boards

In this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…

Human Resources Legislative Update

Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes

On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…

FTR Now

Ontario Human Rights Commission Releases New Inquiry Report on Post-Secondary Student Mental Health Accommodations

The Ontario Human Rights Commission (Commission) has released an Inquiry Report regarding its inquiry into the systemic barriers facing post-secondary students with mental health disabilities entitled “With Learning in Mind.” Find out more about the Commission’s initiative and its impact on Colleges and Universities in this FTR Now…