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Ontario Labour Relations Board

Employer risk 101 – Ministry enforcement of the ESA

If you are reading an employment law blog you already know that employers have legal obligations under the Ontario Employment Standards Act. The top five violations for the fiscal year 2014/2015, as compiled by the Ministry of Labour, were with respect to…

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: The federal government’s consultation launch on the Canada Labour Code to provide federally regulated workers more flexibility in their work hours; a matter where the Ontario Court of Appeal deemed that an employer’s financial circumstances is no excuse for unreasonable notice; and a matter that deals with the Ontario Labour Relations Board’s jurisdiction over medical marijuana.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with three cases: One case looks at whether an employee was entitled to public holiday pay; the second case looks at whether an employee was indeed terminated, and not transferred as stated by the employer; and the third case looks at employee discipline.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with Ontario’s bill to implement budget measures; how to deal with safety inspectors; and building services providers and termination payments.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

 

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OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

 

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Grocery store employee bears cost of refusing to work on Sunday

An interesting decision was released in the retail sector which discusses a retail employee’s statutory right to refuse to work on a Sunday under the Employment Standards Act, 2000 (“ESA”). At issue was a new company schedule that would have forced an employee to work additional hours on a Sunday. The employee not only argued […]

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with employer retaliation; invalid unilateral management policies; and valid and enforceable releases.

 

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with limits on workplace mental stress claims; employee refusal to work on Sunday; and how an employee’s profanity towards a supervisor was not cause for termination.

 

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Court of Appeal says that compliance with an inspector’s order should not mean a smaller fine

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The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.

 

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OLRB opens the door to harassment reprisal complaints under the OHSA

The Ontario Labour Relations Board (“OLRB”) recently made an important decision which may represent a significant shift in how it approaches allegations that employers have engaged in reprisals against workers who have filed harassment complaints.

 

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OLRB upholds MOL finding that a vehicle is a “workplace” for the purposes of the OHSA

In a recent decision Hydro One Networks Inc. v. Thisdelle 2013 CanLii 67867, the Ontario Labour Relations Board (“OLRB”) has upheld the decision of a Ministry of Labour Inspector (“MOL Inspector”) to issue a ticket against a Hydro One transportation and utility vehicle on the basis that the vehicle in and of itself constituted a “workplace” and therefore fell within the jurisdiction of the Occupational Health and Safety Act (“OHSA”). This decision gives a broad definition to “workplace” and no doubt means that other vehicles will fall within the jurisdiction of the OHSA.

 

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Most-viewed articles this week on HRinfodesk

The three most read articles on HRinfodesk this week deal with the AODA review, the 2014 Employment Insurance premium rates and how an injured employee was dismissed unjustly.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the court calling into question the termination without notice of a probationary employee, how the law around references is changing and how a mistake in a contract led to constructive dismissal.

 

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