Friday, February 3rd, 2012
The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…
Read the rest of this post »Tuesday, January 17th, 2012
As you probably know, the Transportation Standards under the Accessibility for Ontarians with Disabilities Act will come into force over the next five years. The Government has released the accessible transportation compliance dates, and you can find them all below. Obligated transportation providers can keep this schedule as a quick reminder of present and future compliance deadlines.
Read the rest of this post »Friday, January 6th, 2012
The Ontario Ministry of Labour has recently proposed a new regulation under the Occupational Health and Safety Act that would prescribe certain functions of the Office of the Worker Adviser and the Office of the Employer Adviser in regard to worker complaints of reprisals by employers under section 50 of the Act. What does it really mean?
Read the rest of this post »Friday, December 23rd, 2011
Employee benefits are subject to provincial sales in both Ontario and Québec, at 8 and 9 percent respectively. These sales taxes only apply to coverage provided through group plans so, for example, term life insurance provided to just one individual is not subject to tax. These taxes are separate from the normal HST, GST or QST that apply in these provinces. These taxes apply to both employee and employer payments of premiums for the coverage or benefits supplied.
Read the rest of this post »Thursday, December 22nd, 2011
It’s the time of the year again when employers and payroll specialists have to start their T4 year-end process and need to know what’s new in payroll for 2012. In addition, several changes to pension, employment standards and other legal requirements are coming into force January 1, 2012. This blog post provides you with a brief summary of some of the changes employers need to know and prepare for:
Read the rest of this post »Wednesday, December 14th, 2011
January 1, 2012, is the date to complete all actions required under the Accessibility Standards for Customer Service and emergency preparedness requirements in the Integrated Accessibility Standards. The good news is, if your organization is obligated to report, you do not have to file with the government until December 31, 2012.
Read the rest of this post »Wednesday, December 7th, 2011
The Accessibility Standards for Customer Service require employers to provide accessible customer service to persons with disabilities. In order to comply with the legislation, all businesses and organizations providing goods or services to the public with at least one employee in Ontario must meet several requirements by January 1, 2012. What we gathered at our most recent AODA seminar is that employers are very concerned about the training aspect of the customer service obligations.
Read the rest of this post »Tuesday, November 22nd, 2011
Do your managers and front line workers have accurate facts about human rights issues? A number of conversations I have had with workers lately inform me that many people allow their emotions to overwhelm the facts. The misunderstandings that flow from this emotional response can lead to costly violations of the law for your organization.
Read the rest of this post »Friday, November 18th, 2011
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…
Read the rest of this post »Tuesday, November 8th, 2011
Twice in the last month while conducting training sessions, I have had a workshop participant insist that their workers could NOT file a claim directly with the HRTO because the workers are members of a union. The workers must, they have insisted, file a grievance and settle their human rights claim via the labour relations process. A review of the law reveals the above is simply NOT the case.
Read the rest of this post »Monday, November 7th, 2011
The Ontario Securities Commission has reviewed many Ontario issuers’ International Financial Reporting Standards financial reports and found them lacking in key respects. Based on first quarter 2011 IFRS filings, the OSC found three main deficiencies…
Read the rest of this post »Friday, October 28th, 2011
The Ontario Superior Court of Justice recently decided that an employee was wrongfully dismissed and entitled to $20,363 in damages. The problem was that the damage award was made against two companies that were no longer in operation and without assets to pay the judgment. A related company that did have assets to pay the award was found not to be a common employer and was thus not liable.
Read the rest of this post »Wednesday, October 26th, 2011
The Accessibility Standards for Customer Service require employers with 20 or more employees to document policies. The Integrated Accessibility Standards require employers to document policies and multi-year accessibility plans if they have 50 or more employees. So smaller organizations might breathe a sigh of relief knowing that they don’t have to document and keep track of their accessibility policies and plans under the Accessibility for Ontarians with Disabilities Act (AODA).
Read the rest of this post »Friday, October 21st, 2011
The Ontario Labour Relations Board has provided what some believe to be the most significant legal interpretation yet of workplace harassment and employer reprisal in the context of the recently enacted Bill 168 amendments to the Occupational Health and Safety Act (OHSA). The case, Conforti v. Investia Financial Services Inc., 2011, was decided on September 23, 2011.
Read the rest of this post »Wednesday, October 19th, 2011
Most employers are aware that any dismissed employee has a duty to mitigate. Usually, this duty arises in the determination of an appropriate severance payment to an employee. Where an employee contests the severance, the duty to mitigate will undoubtedly apply as part of the matrix of calculations to be determined.
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Andrew Taillon:
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