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…

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….

Ontario Government Releases Guide on Preventing Workplace Violence in the Health Care Sector

On August 26, 2019, the Ontario government released a guide to help employers, supervisors and workers in hospitals, long-term care homes and private home care facilities better understand their obligations relating to preventing workplace violence under the Occupational Health and Safety Act (OHSA) and the Health Care and Residential Facilities Regulation (O. Reg 67/93).

Federal Government Passes Legislation Aimed at Preventing Harassment and Violence in the Workplace

On October 25, 2018, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1 (Act) received Royal Assent. As previously reported on November 9, 2017, November 27, 2017, and June 28, 2018, this Act amends the Canada Labour…

Ontario Budget 2015

On April 23, 2015, the Ontario Minister of Finance tabled the 2015 provincial Budget, “Building Ontario Up” (“Budget”), and Bill 91, Building Ontario Up Act (Budget Measures), 2015 (“Bill 91”), omnibus legislation designed to implement some of the proposals contained in the Budget. In this FTR Now, we highlight some of the key proposals that…

Maintaining a Workplace Free of Sexual Harassment

Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…

Ministry of Labour to Target Health Care Workplaces for Safety Inspections

The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…

Preventing Workplace Violence: Ontario Looks at Amending the Occupational Health and Safety Act

On September 17, 2008, the Ontario Ministry of Labour released a Consultation Paper on Workplace Violence Prevention. The Consultation Paper seeks input from workplace parties on whether and how Ontario should address workplace violence under the Occupational Health and Safety Act (“OHSA”). The Consultation Paper asks for input on whether OHSA should be amended to…