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
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
Random drug and alcohol testing for most Toronto Transit Commission (TTC) employees can proceed following a decision of Justice Marrocco denying the ATU Local 113’s application for an injunction earlier this week. The ruling permits the TTC to test 10,000 of its 14,000 employees, including those deemed to be in “safety-sensitive” jobs, as well as those in designated management positions and all executives (including CEO Andy Byford) under the TTC’s Fitness for Duty Policy (the Policy). Continue Reading ‘Breathe Here’ – Toronto Transit Commission Can Randomly Test Employees
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2016: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2016
Last month, key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”), came into force. Employers are now required to have comprehensive policies and programs in place to address workplace harassment, along with detailed investigative procedures to be followed in response to complaints or incidents of harassment.
The latter requirement has led many employers to ask whether investigating is enough or if the employer can still be liable if the investigator gets it wrong. Continue Reading You Want Me to Do What? Guidance for the Newly-Appointed Workplace Harassment Investigator
Key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) come into force today, amending the Occupational Health and Safety Act (“OHSA”). As a result, employers are required to implement comprehensive policies, programs, and investigative procedures to address workplace harassment. Bill 132 also expands the definition of “workplace harassment” to include “workplace sexual harassment”. Continue Reading Employers Take Note: OHSA Amendments Under Bill 132 are Now in Force!
Does the workplace extend into cyberspace? In a precedent setting decision with potentially far-reaching implications, a labour arbitrator has found an employer liable for failing to protect its workers from harassment and discrimination in customer posts on the employer’s Twitter account (Toronto Transit Commission and ATU, Local 113, 2016 CarswellOnt 10550). Employers using social media to communicate with clients, customers or the general public may need to rethink how to they respond to uncivil, abusive or threatening online posts targeting their workers. Continue Reading Are Employers Responsible for Protecting Their Employees on Social Media? “Yes” According to a Recent Decision
Catch ’em all! Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt. In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release. Employers have grappled with employees’ personal use of electronic devices during work hours since gaming fads such as Candy Crush and Draw Something were released. However, beyond creating a simple distraction in the workplace, the explosion of Pokémon Go subjects employers to potentially costly risks, including worker safety issues, lost productivity, data breach possibilities, and misuse of company resources. Continue Reading Pokémon Whoa – Reality Game App Creates Unprecedented Risks for Employers
Ontario Legislature Passes Bill 132: What Employers Need to Know
Bill 132 will increase the obligations on employers to protect employees against workplace harassment. The Ontario Government recently passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 and employers will need to comply with its requirements as of September 8, 2016.
New legislation aimed at addressing sexual violence and harassment in Ontario received Royal Assent on March 8, 2016.
The Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (the “Act”) is part of the Ontario government’s action plan to stop sexual violence and harassment. The Act was first introduced by the Ontario Legislature as Bill 132 on October 27, 2015. Click here for a link to our earlier blog post on Bill 132.
The Act introduces amendments to various statutes which will come into force in the coming months. The amendments are intended to bolster the protection of students and employees, among other objectives.
Colleges and universities will have new obligations placed upon them as of January 1, 2017. Employers will be subject to the new obligations as of September 8, 2016. Below are the key amendments.