According to an AODA Alliance news release and a Nov. 18, 2013, Toronto Star article, the Ontario government fully knows that 70 percent of Ontario private sector organizations with at least 20 employees have not complied with the Accessibility for Ontarians with Disabilities Act’s (AODA) reporting requirements. Reports were due December 31, 2012. This is not surprising because in my experience, most small businesses are simply not aware of the law.
Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal
Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.
Although I have been known to reassure employers that “just cause is not a lost cause”, it is fair to say that the threshold for establishing that summary dismissal is warranted is a difficult one to meet in most circumstances. One question that often arises is what an employer is to do when they only learned of reasons for dismissal after the dismissal has already taken place. This can occur in situations where an employee was dismissed on a without cause basis, or in situations where the termination was for cause. Either way, the issue is what an employer can do with subsequently obtained information, which is typically referred to as “after-acquired cause”.
When the Accessibility Standards Advisory Council/Standards Development Committee was formed in 2013, one of its first orders of business was to review the Customer Service Standard as required under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The AODA requires that each accessibility standard be reviewed five years after it becomes law to determine whether the standard is working as intended and to allow for adjustments to be made as required. The council has proposed several changes to the Customer Service Standard and is asking interested stakeholders for feedback. . . .
In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.
We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not entitled to common law notice or pay in lieu of such notice . So, how long does it take? 1 year? 18 months? 2 years? 5 years?
Two recent cases dealing with requests for accommodation have put the challenge of balancing competing interests in the forefront of public discussion.
The recent human rights decision of Morgan v. Herman Miller Canada Inc. examines the issue of employer liability under the Human Rights Code of Ontario. What happens when there are allegations of discrimination but no findings?
A coalition of unions led by the Fédération interprofessionnelle de la santé du Québec (FIQ) has won a court challenge against certain provisions of the 2009 reform of Quebec’s Pay Equity Act. The provisions in question require…
On January 23, 2014 the Supreme Court of Canada released its decision in Hryniak v. Mauldin, overturning the Ontario Court of Appeal’s test for the appropriateness of summary judgments (Rule 20 of the Ontario Rules of Civil Procedure, and replacing it with a broader test aimed at increasing access to justice throughout Canada. More specifically, the court confirmed that summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims. What does this mean for employment law?
HR Metrics – Measuring back office activities or insightfully understanding how your employees create value?
HR is no stranger to data and metrics and the most progressive of leaders in this space are now leveraging robust and holistic analytics for powerful results—for their organizations and for themselves.
The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13), will come into effect on July 1, 2014, allowing workplace parties time to prepare. This blog post will provide you with more information about this regulation, an overview of your new training obligations, and identify a number of resources that you can use to assist you in becoming compliant.