First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

lost wages

Must you include bonuses when calculating lost wages?

In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.

 

, , , , , , , , , ,

OHSA in wonderland: Through the looking glass

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

 

, , , , , , , , , , , ,

HRTO concludes teenage Mennonites discriminated against when fired for observing a religious holiday

religious discrimination

A small vegetable and herb business in Ontario recently ran afoul of the Ontario Human Rights Code (“Code”) because it blindly adhered to its attendance policy and failed to consider any alternatives to an employee’s request for a day off work to observe a religious holiday because it interfered with its business demands. The Ontario […]

 

, , , , , , , , , ,

Ontario Human Rights Tribunal decision offers clarity on workplace sexual harassment

With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.

 

, , , , , , , , , , , ,

Is an employer’s duty to accommodate becoming too much?

After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does not cause the employer undue hardship. This is the first time a ruling seems to clarify what employers’ obligations are when it comes to accommodation based on family status under human rights legislation. But is this too much for employers?

 

, , , , , , , , , , , , , , , , , , , ,

The gloves come off: Sky high damages in human rights cases

Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record setting damages. In many of these cases, these damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal cases.

 

, , , , , , , , , , ,

Arbitrator orders highest damage award in history against the Ontario Government for discrimination

Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.

 

, , , , , , , , , , , , , , , , , , , ,

Employer failed in duty to accommodate by not considering employment beyond pre-injury position

In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,