As promised in the 2015 election campaign, the federal government has introduced accessibility legislation. Bill C-81, An Act to ensure a barrier-free Canada (Accessible Canada Act) is the result of a cross-country consultation process with Canadians and received First Reading on June 20, 2018.
Continue Reading Federal Accessibility Legislation in the Works
Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found here.
Continue Reading Is Your Dismissed Employee Entitled to a Bonus?
Canada’s national newspaper, The Globe and Mail, recently hosted its Solving Workplace Challenges 2018 conference and followed up with a full page article featuring insights from Chris Burkett’s panel discussion on pressing topics in employment law. See the excerpt below or access the complete article here.
Continue Reading Cannabis@Work – The Globe and Mail features Baker McKenzie Partner, Chris Burkett
Many employers rely on the discretionary nature of their bonus plans to deny bonuses to employees they’ve dismissed. However, in last month’s decision in Singer v Nordstrong Equipment Limited, 2017 ONSC 5906, the Court held that stipulating that a bonus is discretionary in the policy doesn’t necessarily give the employer complete freedom to withhold the bonus. Rather, discretionary bonuses must be awarded through a “fair, identifiable process.”
Continue Reading Is a Discretionary Bonus Really Discretionary?
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
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!
If you are a professional sports fan…you know what time of year it is. September 8th is the first day of the NFL season. In three weeks’ time the MLB playoffs will start. The world cup of hockey starts soon. The NHL season begins shortly thereafter. US College football season is already in full force.
If you are not… you might be asking so what? What does this have to do with employment law? What does this have to do with my workplace?
Continue Reading Happy September! What are the odds that your employees aren’t gambling at work?
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
