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Human Rights

Celebrating National Aboriginal Day

On June 21, National Aboriginal Day is celebrated in Canada. This day of recognition and celebration was established to honour the unique heritage, diverse cultures and outstanding contributions of First Nations, Inuit and Métis peoples. The Northwest Territories and Yukon are currently the only two jurisdictions in Canada that recognize June 21 as a statutory holiday.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Court of Appeal upholds award to constructively dismissed McDonald’s manager; Employer proves it accommodated employee’s disability to the point of undue hardship; and Employer’s LMIA application denied due to lack of “genuineness” of job offer.

 

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Only one week left to register for the Ontario Employment Law Conference #learnthelatest

The 18th annual Ontario Employment Law Conference will be taking place on Tuesday, June 20, 2017 at the Corporate Event Center at CHSI in Mississauga. We are very much looking forward to hearing from Ontario Minister of Labour Kevin Flynn and the employment and labour law experts from Stringer LLP! If you would like to register for the conference but haven’t done so yet, registration will be closing on Friday, June 16, 2017.

 

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Bad facts make bad law (for employers): Court recognizes new tort of harassment #learnthelatest

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. To find out more about how the new tort of harassment in the employment law context, register to Learn the Latest® at the Ontario Employment Law Conference on June 20, 2017.

 

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Minister of Labour Kevin Flynn to join the Ontario Employment Law Conference #learnthelatest

Join Minister Flynn on June 20 at the Ontario Employment Law Conference to hear about the newly tabled The Fair Workplaces, Better Jobs Act and the Ontario government’s other plans for the 173 recommendations from the Changing Workplaces Review final report. This special luncheon presentation will be followed by a short question and answer period for conference attendees.

 

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Recent developments: Gender identity and gender expression proposed legislation

Having this type of legislation in your jurisdiction means that employers operating in that particular jurisdiction cannot refuse to employ or refuse to continue to employ any person, or discriminate against any person with regard to employment or any term or condition of employment, because of a person’s gender identity or gender expression.

 

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Medical marijuana: A high cost to employers? #learnthelatest

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

 

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The “G” word: Brooks v. Total Credit Recovery Limited

Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

 

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The end of accommodation? Frustration of the employment contract as a last resort

One of the goals of legislation such as the Accessibility for Ontarians with Disabilities Act and the Human Rights Code is to promote accessibility and accommodation in various forums, including the workplace. However, when it becomes clear that, despite accommodating an employee to the point of undue hardship, a disabled employee will never again be able to return to his or her job or be accommodated in another position, what can an employer do?

 

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Federal adjudicator dismisses family status grievance

Federal adjudicator dismisses family status grievance – confirms that employer’s duty to accommodate is only engaged where a work rule interferes with an employee’s legal obligations.

 

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Une arbitre fédérale rejette un grief fondé sur la situation de famille

Une arbitre fédérale rejette un grief fondé sur la situation de famille et confirme que l’obligation d’accommodement de l’employeur ne s’applique que lorsqu’une règle au travail nuit à la réalisation des obligations légales d’un employé.

 

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Can an employer terminate an employee for just cause if they were charged with a criminal offense?

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.

 

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Proposal to legalize marijuana: What does this mean for employers?

On April 13, 2017, Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, was introduced by the federal government in order to enact the Cannabis Act. You may be wondering, what does this mean for employers?

 

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Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee’s request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

 

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