Tribunal Confirms Human Rights Issues Need not be “Explicitly Decided” to Have Been Appropriately Dealt With in Another Proceeding

In Hewitt v. HTS Engineering Ltd., the Human Rights Tribunal of Ontario (Tribunal) addressed the issue of whether the Ontario Labour Relations Board (Board or OLRB) had appropriately dealt with the substance of an Application. The decision confirms that human rights issues do not need to be explicitly at issue in another proceeding in order to…

Federal Accessibility Legislation Tabled

On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada (Bill), accessibility legislation which will apply to certain federally regulated employers. In its preamble, the Bill states that barriers to accessibility can prevent full and equal participation in society by Canadians with disabilities. If passed and among other things,…

AdvantAge Ontario Human Resources Law: The Year in Review

Overview Join this popular annual webinar to hear about important developments in human resources law over the past year, and the key trends to think about for 2018. Topics will include an update on bargaining trends in the LTC sector, key changes under the WSIB regime, labour and employment update with a focus on Bill…

Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In

In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…