First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Workplace Safety and Insurance Appeals Tribunal

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Implementation of the Ontario Retirement Pension Plan; a human rights matter that addresses accommodation and mental disability; and a workplace safety and insurance matter that addresses modified work and entitlement to loss of earnings benefits.

 

, , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with termination notice; return-to-work plan; and, Johnstone family status case.

 

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

Three popular articles this week on HRinfodesk

Three of the most popular articles on HRinfodesk this week deal with a worker’s right of action; WSIB mental health stress test; and, employer liability under Canadian Anti-Spam Legislation.

 

, , , , , , , , , , ,

WSIB claims for mental distress

For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a WSIB claim except in very limited circumstances. Unlike physical injuries, WSIB would not cover psychological or emotional damage, even if it could be shown to be a workplace injury. That has now been called into question, as a Workplace Safety and Insurance Appeals Tribunal found that the statutory provision limiting the entitlement to benefits for mental distress is inconsistent with the Charter of Rights and Freedoms and, therefore, unconstitutional.

 

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

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.

 

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

Tribunal finds limits on mental health claims unconstitutional

Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) has found that the limit on mental health claims under the Workplace Safety and Insurance Act, 1997 (“WSIA”) is unconstitutional.

 

, , , , , , , , , , ,

Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal

Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.

 

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