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

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

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…

Ontario Association of Fire Chiefs (OAFC): 2021 Virtual Labour Relations Seminar

Topics Staffing – What is the Significance of the Sudbury Artbitration Managing the Fire Service in the Age of COVID Bargaining Update Labour Relation 101 – Workshop Diversity – Diversity/Trans Gender in the Fire Service – Transgender Focus Presentation – Fire Chief Award Top 10 Legal Trends of 2020 Social Connections Matter – Coping with…

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

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….

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.

Advantage CPD: Preparing Your Business – The New Federal Workplace Harassment and Violence Regulations

As of January 1, 2021, the new Work Place Harassment and Violence Prevention Regulations will come into force, placing significant obligations on employers aimed at preventing harassment and violence in the workplace. In this webinar we will take a closer look at the obligations set out in the new regulations and discuss how to incorporate the changes into your workplace policies and procedures.

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

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…

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.

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

September Update on Changes to the Canada Labour Code – Part 2 [Video]

With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to request flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime in certain circumstances, as well as new and amended leaves of absence.