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

On June 19, 2017, five years after “gender identity” and “gender expression” were added as protected grounds of discrimination in Ontario’s Human Rights Code, the Federal government has added “gender identity” and “gender expression” to the Canadian Human Rights Act. Continue Reading Federal Government Adds “Gender Identity” And “Gender Expression” to Canadian Human Rights Act

A lawsuit brought by several Guatemalans for alleged damages suffered during a 2013 protest at the Escobal silver mine in San Rafael Las Flores has cleared a final hurdle and will now proceed to trial in British Columbia. Continue Reading BC Trial on Alleged Human Rights Violations by Canadian Mining Company in Guatemala Can Proceed

We recently wrote about the Ontario government’s proposed changes to the province’s employment standards and labour relations legislation – see our blog posts here and here. On June 1, 2017, the Minister of Labour, the Honourable Kevin Flynn, introduced legislation to affect these changes. Continue Reading Early Approval Across Party Lines for ESA & LRA Amending Legislation

Further to our recent blog post about the Ontario government’s reform of the employment standards legislation through The Fair Workplaces, Better Jobs Act, 2017, employers can also expect significant changes to the legislation governing unionized workplaces. The key changes proposed in respect of Ontario’s Labour Relations Act (“LRA”) concern union certification, bargaining unit structure, first contracts, just cause protection, return-to-work rights and procedures, successor rights, and fines for individuals and organizations, which are summarized below. Continue Reading Ontario Set to Make Significant Changes to Labour Relations Act

The Ontario government has announced that it will introduce legislation, The Fair Workplaces, Better Jobs Act, 2017, in the coming days to reform the province’s employment standards legislation. The announcement follows last week’s release of the Changing Workplaces Review Final Report which contained a myriad of recommendations for reforms to benefit employees.[1]

The key changes to the Employment Standards Act, 2000 (“ESA”) that the government has indicated will be included in the proposed legislation are summarized below. Continue Reading Ontario Responds Quickly to Strengthen ESA

On May 23, 2017, Ontario’s long-anticipated Changing Workplaces Review Final Report (“Report”) was released.  The Report contains 173 recommendations for changes to the province’s employment standards and labour relations laws.

The final recommendations would, if legislated, have a significant impact on the application of labour and employment laws to franchised businesses operating in Ontario.  To help businesses prepare for the possibility of these significant reforms, we have summarized below the recommendations that would most significantly impact the franchise industry. Continue Reading Ontario’s Changing Workplaces Review Takes Aim at Franchise Industry