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Ontario Labour Relations Board

OLRB rules that Ontario employer liable for failing to comply with Bill 168

The Ontario Labour Relations Board has recently found a Company to be in breach of Ontario’s Occupational Health and Safety Act for failing to comply with its duties under the workplace violence and harassment provisions of the Occupational Health and Safety Act (section 32) (formerly Bill 168).

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.

 

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Increased enforcement of occupational health and safety coming to an Ontario worksite near you

The safety of workers is governed by the Ontario Occupational Health and Safety Act. The Ontario Ministry of Labour is responsible for ensuring compliance with the provisions of that Act by employers in the province. The Ministry’s activities have increased dramatically in the last two years with the hiring of 42 new inspectors. This has resulted in…

 

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OLRB dismisses constructive dismissal and allegation of anti-muslim bias

religious discrimination

The Ontario Labour Relations Board (OLRB) recently cautioned individuals not to make serious allegations of religious discrimination and harassment if they don’t have the proof or the evidence to back up the allegations. In The Brick Warehouse LP v. Awan (2012) CanLii 63787, the OLRB varied an Order to Pay issued by an Employment Standards Officer under the Employment Standards Act, for termination amounts owing.

 

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New case helps to further define the difference between “workplace harassment” and “legitimate management conduct”

The Ontario Labour Relations Board (“the Board”) has provided additional legal interpretation of workplace harassment under the Occupational Health and Safety Act (“OHSA”) in Amodeo v Craiglee Nursing Home Limited, 2012 CanLII 53919 (ON LRB), which was decided on September 19th, 2012. In drawing a clear distinction between “workplace harassment” and “legitimate management conduct”, the Board has provided some welcome direction on this sometimes contentious workplace issue.

 

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The legality of unpaid internships in Ontario

young people holding up letters to spell "internships"

We’re pleased to present lawyer Andrew Langille of Youth and Work on what the law in Ontario says about unpaid internships. Here, Andrew focuses on the impact of unpaid internships on interns themselves, but organizations and businesses that use or hope to use unpaid interns must pay attention. It is crucial to know whether your intern is legally an intern (and therefore not subject to Ontario’s Employment Standards Act), or actually an employee. And the answer might surprise you.

 

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Important lessons for employers and lawyers on workplace harassment investigations

A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…

 

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Slaw: Reporting of critical injury or fatality of a non-worker: The Blue Mountain case

A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ontario Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act? According to a decision by the Ontario Labour Relations Board (OLRB), the answer is “yes”. On May 18, 2011, the Divisional Court…

 

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Applying overtime rules in Ontario can sometimes be complicated

Ontario’s Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked. However, this simple rule can become complicated and lead to lawsuits, as several employers have found out recently due to their failure to pay statutory overtime.

 

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Employment standards update – Learn the latest

Historically, Ontario’s employment standards laws have been reviewed and updated frequently to address changes in the workplace. As expected, the provincial government has adopted various changes to employment standards in the last year or so. Understanding and following the Employment Standards Act requires that those affected by changes make the time to read about them and ask questions if something is unclear. In addition, it is your responsibility…

 

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