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Most employers pay premiums under Ontario’s Workplace Safety and Insurance Act, 1997 (the “WSIA”), providing workers who suffer injury or death in the course of employment with “no fault” insurance benefits.  When workplace injuries occur that are covered by WSIA benefits, workers must claim through the WSIA’s insurance plan, and are “barred” from pursuing a civil claim against their employer.

But when are mental stress claims covered?  And when must an employee claim for mental stress under the WSIA instead of filing a civil claim? Continue Reading Mental Stress and the WSIA: Constitutionality and the “Statutory Bar”

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Overruling one of its own decisions, the Supreme Court of Canada today has determined that the “right to strike” is protected under s. 2(d) of the Charter, which is the freedom of association provision. In Saskatchewan Federation of Labour v. Saskatchewan, the Court confirmed that legislation that limits the right to strike is unconstitutional unless its limits are reasonable and justified in a free and democratic society.

In practice, this case will ensure that legislators do not limit the right to strike without a strong and compelling justification, and without providing an alternative means of resolving a bargaining impasse –an alternative means that will not undermine the bargaining power of the union. In any event, a law that limits the right to strike must interfere only as much as is necessary. Continue Reading Supreme Court of Canada Recognizes Constitutional Right to Strike: What Does it Mean for Employers?

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On November 27, 2014, the Government of Ontario filed Ontario Regulation 235/14, which introduces changes to the existing regulations under the Pension Benefits Act (the “Act”).  These changes impose new requirements on plan administrators with respect to the disclose of information, “SIP&P” requirements, and commuted value transfers.

Continue Reading New Regulations Introduced under Ontario’s Pension Benefits Act Define New Plan Administrator Obligations

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It is no secret that social media platforms are changing the way we communicate, the way we inform ourselves, and the way we do business.  In fact, the growth of these platforms has been nothing short of phenomenal.

However, social media has also created new challenges for employers.  To assist you with these new challenges, we draw your attention to two recent cases. Continue Reading “Unfriend Me”: Social Media, Discipline and Discharge

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(Canadian businesses with U.S. & international operations should consider this webinar.)

2014 has been yet another active year for employers, with significant labor and employment developments in the U.S. Now is the time for employers to update their employment handbooks, policies, and internal company practices to reflect both Federal and state developments from this past year, and for U.S. multinational companies to sharpen their employment-related business strategies for 2015.

Continue Reading Navigating U.S. and International Employment Laws (Webinar)

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The issue of patient confidentiality has come to the forefront for healthcare organizations after a number of recent privacy breaches in Ontario hospitals have come to light, including hospital staff improperly accessing the medical records of former Toronto mayor Rob Ford.

It is generally accepted that patients seeking healthcare, treatment or advice should be able to expect that their personal information will be kept confidential, and that it will only be disclosed as necessary for their care. Given the sensitive nature of such information, the Government of Ontario passed the Personal Health Information Protection Act, 2004 (the “Act”), which provides both guidance to healthcare professionals and peace of mind to patients.

When it first came into force ten years ago, the Act was Canada’s first consent-based health statute. In the years following its enactment, the Act has been highlighted as a model for personal health information laws in Canada and the United States. Moving forward, employers in healthcare settings must continue to be cognizant of the Act’s requirements, as well as its application in our increasingly digital and interconnected age. The increased use of electronic health records and digital record-sharing systems, for example, may require employers to take additional precautions in the future. The modernization of healthcare provision will necessitate the modernization of privacy policies. Continue Reading Protecting Patient Privacy: What Employers Need to Know

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As the festive season gets underway, many employers are in the process of planning their office holiday parties.  While it is someone else’s job to make sure there is enough eggnog, pick the band and make the call as to whether or not spouses should be invited,  it is our job to remind you to take steps to ensure that the Company will be in position to have a holiday party for years to come.

Make your Company’s new years resolution not to be involved in a multi-million dollar social host liability law suit. Continue Reading Keeping up the festive cheer while keeping your legal liability down – alcohol at your company holiday party

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One of the questions we are commonly asked by non-unionized employers is whether they should use written employment agreements with their employees. While written employment agreements are not a replacement for sound human resources planning or judgment, a well-written agreement, tailored to the specifics of the employment relationship, can be an invaluable component of successfully managing employees throughout the life-cycle of the employment relationship, beginning to end. Continue Reading Early New Year’s Resolutions: Are You Using Written Employment Agreements With Your Canadian Employees?

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Our regular readers will recall a previous blog about the case involving Jan Wong, a former Globe and Mail columnist, who violated the confidentiality clause in a settlement agreement that was intended to finally resolve her unjust dismissal grievance.  Wong disclosed information about the settlement in her published book, Out of the Blue.  The arbitrator found that Wong’s disclosure breached a specific provision of the settlement agreement, and ordered her to repay $209,912 to her former employer.

In an attempt to reverse the arbitrator’s decision, Wong applied to Divisional Court for judicial review.  To put it mildly, she did not succeed.  Moreover, she was ordered to pay $30,000 in legal costs to her former employer and union. Continue Reading Settlement Agreement Confidentiality Strongly Enforced: Former Globe and Mail Columnist Who Was Ordered to Repay $209,912 Now Required to Pay $30,000 in Legal Costs

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Since 2007 there have been five significant overtime class action cases in Canada.  Two of these cases have been labelled “off-the-clock” cases — cases in which employees allege they were expected to work overtime without being paid for it.  Both off-the-clock class actions were eventually certified.  One of those cases has now settled.

The remaining three overtime class actions are “misclassification” cases in which employees allege that their employer misclassified them as exempt from statutory overtime entitlements.  Courts have been more reluctant to certify the misclassification cases because, in a majority of those cases, the proposed plaintiff class has not been sufficiently similar to justify a class action proceeding.

The Ontario Court of Appeal’s recent decision in Brown v. Canadian Imperial Bank of Commerce confirms the prevailing view that employers are most vulnerable to issues that arise when their employees’ hours are not properly monitored, recorded, enforced or compensated.  Employers continue to be liable to individual employees for misclassifying them as “overtime exempt”, but it is less likely that such misclassifications will give rise to the added liability that is associated with a class action. Continue Reading Ontario Court of Appeal Refuses to Certify Another “Misclassification” Overtime Class Action