In the recent decision of Humber River Regional Hospital and Ontario Nurses Association (“ONA”) (Cherubino Grievance), an Ontario arbitrator dismissed the union’s grievance alleging harassment by a supervisor and found that neither management duties nor the employer’s internal investigation process should be held to a standard of perfection. Continue Reading Management Duties and Complaint Investigations: Perfection Not Required

On October 1, 2017 the minimum wage increased in Alberta, Manitoba, Newfoundland & Labrador, Ontario, and Saskatchewan. These changes are the most recent in a string of wage hikes across Canada as jurisdictions such as Alberta and Ontario move towards a $15 per hour minimum wage rate over the next two years. Continue Reading Minimum Wage Update

Ontario’s Bill 148, Fair Workplaces, Better Jobs Act, 2017, continues to move through the legislative process. On September 12, 2017, the Second Reading of Bill 148 commenced. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key changes that are currently proposed. Continue Reading Bill 148: Update on Key Changes

The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination (“IME”) in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, 2017 ONSC 2517, the Ontario Divisional Court held that an employee’s duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee’s medical expert. Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts

In a recent blog post, we wrote about Bill 148, Fair Workplaces, Better Jobs Act which seeks to amend Ontario’s existing employment standards and labour relations legislation. Since then, Bill 148 has continued to move through the legislative process with committee hearings being held throughout the summer to discuss further changes to the Bill before it may be passed into law.

The Standing Committee on Finance and Economic Affairs met on August 21, 2017. A number of proposals were put forward. The following is a summary of the motions that were passed and will be incorporated into Bill 148. Continue Reading Bill 148: Standing Committee Meeting Signals Changes to ESA & LRA Amendments

Social media has never been more popular and employers are facing a growing number of risks as a result. In our recent article, we provide guidance on dealing with social media as it impacts the workplace. In addition to outlining the prevailing risks, we suggest proactive steps to avoid issues before they occur. This article was published in the August 7th edition of the Canadian HR Reporter – access the article here.

For highlights from our recent #SocialMediaAtWork seminar – see here.

The Supreme Court of Canada (“SCC”) recently ruled that a unilateral contract renewal clause was valid, despite its potential to bind one party perpetually: Uniprix inc. v. Gestion Gosselin et Bérubé inc. The clause afforded sole discretion to the respondents to renew or terminate their contract with Uniprix. The wording of the clause, the nature of the contract and the relationship between the parties were determinative in the majority’s ruling, which upheld the decisions of the Court of Appeal and the Superior Court of Quebec. The SCC’s decision and our key takeaways are outlined below. Continue Reading SCC Decision Reminds Employers to Draft Termination Clauses with Care

We’re pleased to share our highlights video from our #SocialMediaAtWork seminar. This informative seminar was hosted by our Employment & Compensation Group in Toronto on June 7th. Topics included the legal and reputational risks of both employees’ and employers’ social media use and practical guidance to help minimize employers’ exposure to these risks.

In a recent decision, Stewart v. Elk Valley Coal Corp, the Supreme Court of Canada (“SCC”) held that the Alberta Human Rights Tribunal (“Tribunal”) reasonably concluded that a worker who tested positive for drugs following a workplace accident was terminated because he breached the employer’s drug policy and not for discriminatory reasons. This decision is a welcome result for employers faced with safety risks due to substance use in their workplace. Continue Reading Proactive Anti-Drug Policy Not Discriminatory: Supreme Court of Canada

We recently wrote about new requirements for employers to implement comprehensive policies, programs, and investigative procedures to address workplace harassment under the Occupational Health and Safety Act (“OHSA”) ‒ see our blog post here. Failing to comply with the OHSA can result in a substantial fine. Employees now also have a green light to bring a civil action in relation to workplace harassment as a result of a recent decision by the Ontario Superior Court of Justice. Continue Reading Employees Now Able to Sue for Workplace Harassment