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Health and Safety

Protecting employees from third-party harassment

Even if an employer is not fully successful at the end of the day, the moral boost to workers of knowing that their employer is willing to go to bat to stop harassment in its tracks cannot be overstated.

 

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The Canadian Human Rights Commission publishes Impaired at Work: A guide to accommodating substance dependence

The national epidemic of opioid abuse and overdoses is almost a daily feature in news media. Meanwhile, recent figures indicate that prescriptions for painkillers continue to increase in Canada. It is in this context that the Canadian Human Rights Commission recently released a new guide: Impaired at Work: A guide to accommodating substance dependence.

 

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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a warning from the Privacy Commissioner not to reuse passwords, a company that contravened privacy law by releasing the results of an employee’s drug test and Alberta’s investigation of serious workplace health and safety incidents.

 

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$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

 

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Summarizing WSIB’s proposed Rate Framework, part 2

This blog is part two of a three-part series which examines the proposed fundamental changes to WSIB’s method of business classification and application of premium rates. Part one of this series explored how WSIB proposes to re-categorize Ontario businesses into 34 industries, based solely on “business activity”.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a new type of damage that was awarded against an employer after workplace harassment was proven, a case in which expert evidence was not needed to claim damages for mental injury, and the public hearings on Bill 148, Fair Workplaces, Better Jobs Act.

 

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E.T. v. Dress Code Express Inc., the “Code” as applied to minors

The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.

 

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Cannabis in the workplace

On April 13, Bill C-45 – An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, also known as the Cannabis Act – was introduced and read in the House of Commons.

 

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Le cannabis en milieu de travail

Le 13 avril dernier, le projet de loi C-45 – soit la Loi concernant le cannabis et modifiant la Loi réglementant certaines drogues et autres substances, le Code criminel et d’autres lois ou la Loi sur le cannabis – fut déposé et lu à la Chambre des communes. La Loi sur le cannabis prévoit, entre autres, certaines modalités visant à légaliser et à réglementer la production et distribution du cannabis à des fins médicales et récréatives.

 

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IRCC announces details of global skills strategy

On June 12, 2017, Immigration, Refugees and Citizenship Canada (IRCC) announced details of its Global Skills Strategy. First announced in November 2016, the Global Skills Strategy is intended to help promote global investment in Canada and support the Government of Canada’s Innovation and Skills Plan.

 

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Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam

Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.

 

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Municipal Integrity Commissioners and Workplace Investigators: Who does what when council members are accused of harassment?

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill the relevant duties.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: workplace strategies where there is a risk of impairment from cannabis, how an employer’s suspicion alone was not enough to prove an allegation of sick leave abuse and how one employer dodged a penalty after failing to adhere to re-employment obligations.

 

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Young workers: Staying safe at work

With the summer months beginning this is the time when students are starting new jobs. These young workers and/or new workers are at a high risk for getting injured while at work. New workers are 3 times more likely to be injured during their first month than other, more experienced workers. In Ontario, according to the Workplace Safety and Insurance Board, between 2009 and 2013, 30 youth workers died in work related incidents and another 30,000 received injuries that led to lost time.

 

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