Tag: Workplace Harassment

Ontario Divisional Court Finds Arbitrator’s Decision to Reinstate Terminated Grievors Was “Fatally Flawed”

· 6 min read

On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered by the Grievance Settlement Board (GSB). The Court found that the decision of the arbitrator, in which he reinstated five grievors whose employment had been terminated…

OLRB Considers Employer’s Disclosure Obligations Under OHSA After Workplace Harassment Investigation

· 3 min read

The Ontario Labour Relations Board (the OLRB) has provided guidance on the extent of an employer’s disclosure obligations under the Occupational Health and Safety Act (OHSA) when an investigation into workplace harassment has been conducted. In Shannon Horner v Stelco Inc. Lake Erie (Shannon Horner), the OLRB considered, for the first time, an employer’s disclosure…

Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA

· 4 min read

In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…

Court Finds Workplace Violence and Harassment Dispute Falls Within Exclusive Jurisdiction of Labour Arbitrator

· 4 min read

The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…

Federal Government Publishes Guideline on Incoming Work Place Harassment and Violence Prevention Obligations

· 3 min read

On November 30, 2020, the federal government published Work Place Harassment and Violence Prevention (HVP), an Interpretations, Policy, Guidelines document (IPG Document) to address some questions relating to the incoming harassment and violence provisions of the Canada Labour Code (Code) and its supporting Regulation, which are set to come into force on January 1, 2021….

Federal Updates: Extension for Temporary Layoffs, Workplace Harassment and Violence Regime in Force on January 1, 2021

· 5 min read

In the last week, the federal government announced two significant developments which will impact federal workplaces. First, it has made changes to the Canada Labour Standards Regulations to extend the period for recalling employees placed on temporary layoff because of COVID-19…

Lauri Reesor Quoted in Benefits Canada on #MeToo in the Workplace

Benefits Canada quoted Hicks Morley’s Lauri Ressor in a May 11, 2018 article titled “A Workplace Guide for the #MeToo Era.” With the #MeToo movement in full swing in recent months mostly focused on high-profile cases of sexual harassment in the entertainment industry and the political sphere, Benefits Canada discusses what employers should be doing to respond to a new reality of zero tolerance for misbehaviour.