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.

The Canadian Bar Association: Workers Compensation Law Program

Lawyers practicing workers’ compensation law are presented with unique ethical and professional dilemmas. What are the tactics and strategies lawyers should use to make a persuasive case within the ethical bounds of the practice of law? What ethical and professional considerations do WSIAT Adjudicators expect during a hearing, especially when it involves self-represented parties? Join our stellar faculty in their roundtable discussion about the influence of ethics in their practice, argument and interpretation of the law from the moment they obtain the claim file to closing arguments at WSIAT.

Appellate Court Upholds Finding that Injured Worker who Returned to Full-Time Work Entitled to Receive 100% FEL Benefits to Age 65

In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….

WSIB Rate Framework Policies Finalized

The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…

Introducing HR HealthCheck – Nurses and Presumptive PTSD Entitlement

Welcome to our first edition of HR HealthCheck, a publication geared to issues of specific interest of our clients in the healthcare sector. We hope you find the information set out below on the new presumptive entitlement for nurses who experience post-traumatic stress disorder (PTSD) helpful and informative. We look forward to bringing you more updates in the future.

WSIA Amendments Imposing Costs for Workplace Accidents on Clients of Temporary Help Agencies Still Awaiting Proclamation

In 2014, the Workplace Safety and Insurance Act, 1997 (WSIA) was amended by Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, to enact a broad regulation-making power with respect to injuries incurred by temporary help agency assignment employees who are injured while working for a client of the agency. Specifically, the injury…

Bill 177 Receives Royal Assent, Amends WSIA, OHSA, PBA and BPSECA

On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…

Bill 177 Introduces Transitional Provisions for WSIB Mental Stress, Increased Fines under OHSA

On November 14, 2017, the Ontario government introduced Bill177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, omnibus legislation which, if passed, would amend several employment-related statutes. In this FTR Now, we discuss the proposed changes to the Workplace Safety and Insurance Act, 1997 and the Occupational Health and Safety Act.

WSIB Issues Final Chronic Mental Stress Policy: What Employers Need to Know

Recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board (WSIB) has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers – read more for what you, as an employer, need to know..