Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.

Ontario Court of Appeal Upholds Human Rights Tribunal Decision Concerning Gender Discrimination in Compensation Practices for Ontario Midwives

In Ontario (Health) v. Association of Ontario Midwives, the Ontario Court of Appeal dismissed an appeal by the Ministry of Health and Long-Term Care (Ministry), upholding the finding of the Human Rights Tribunal of Ontario (Tribunal) that the Ministry engaged in gender discrimination in compensation setting practices for midwives.   In this Case in Point,…

Workplace Investigation Training Workshop

Please note registration for this event has closed. Fee: $350.00 plus $45.50 (13% HST) Total $395.50 per person Overview This session focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints discrimination and harassment complaints under the Human Rights Code employee misconduct, such…

Workplace Investigation Training Workshop

This session focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints, discrimination and harassment complaints under the Human Rights Code, employee misconduct, such as suspected sick leave abuse or time theft, health and safety complaints.

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…

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…

HRTO Orders Significant Remedies in Ontario Midwives Case

In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…

Workplace Investigation Training Workshop

This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints, discrimination and harassment complaints under the Human Rights Code, employee misconduct, such as suspected sick leave abuse or time theft, health and safety complaints.

B.C. Tribunal Finds that Reduced Benefits for Employees Over Age 65 under Employer’s Benefit Plan is not Discriminatory

The British Columbia Human Rights Tribunal (Tribunal) recently held that the decision to provide reduced benefits to employees over age 65 under an employer-sponsored benefit plan is not discrimination under the British Columbia Human Rights Code (Code) if the reduced benefits are provided as part of a “bona fide group or employee insurance plan” within…