health and safety

Objective evidence required when attempting to limit or deny an employee’s accommodation request

September 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

accommodatin, accommodation to the point of undue hardship, duty to accommodate, employment law, health and safety, modified work arrangements, undue hardship

Three popular articles this week on HRinfodesk

June 13, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, 0

The three popular articles this week on HRinfodesk deal with a safety talk on impairment in the workplace from IHSA, BC employment standards changes and burnout in the workplace.

chronic conditions, chronic mental stress, employment law, health and safety, mental stress

WHMIS phase 3: Are you ready for September?

August 28, 2018 Beyond Rewards Inc Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources

Complying with WHMIS has been an ongoing mission to ensure safety within the workplace when working alongside hazardous materials. Compliance for WHMIS has been split up into 3 phases, and phase 3 commences on September 1. Are you ready?

complying with WHMIS, employment law, Hazardous Products, health and safety, safety data sheets, WHMIS, WHMIS 2015, WHMIS labels, WHMIS phase 3, workplace health and safety

Three popular articles this week on HRinfodesk

June 28, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

accommodation of a disability, drug use in the workplace, employment law, employment standards act, ESA, flexible paid time off, floater days, greater benefit, health and safety, hrto, Human Resources, human rights code, Human Rights Tribunal of Ontario, medical marijuana, medical marijuana in the workplace, PEL, personal emergency leave, Robert Half survey, telecommuting, termination for cause, work from home, working from home, working remotely, “zero-tolerance” policy

Three popular articles this week on HRinfodesk

May 17, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

The three popular articles this week on HRinfodesk deal with police record checks, public holiday calculation and the Ministry of Labour’s update to the workplace health and safety guide.

calculation of vacation pay and public holiday pay entitlements, cannabis, employment law, health and safety, police record checks, Police Record Checks Reform Act, Public Holiday Pay, public holidays, wages

Three popular articles this week on HRinfodesk

April 26, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources

The three popular articles this week on HRinfodesk deal with constructive dismissal, workplace inspection blitzes and employment references.

constructive dismissal, defamation, employment and labour standards, employment law, employment references, ESA blitzes, health and safety, occupational health and safety, termination, work from home

Three popular articles this week on HRinfodesk

April 19, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with safety inspection blitzes in Ontario, changes to the Ontario WSIA and Manitoba’s minimum wage.

2018 minimum wage, blitzes, employment agencies, employment law, health and safety, Manitoba minimum wage, Ontario Workplace Safety and Insurance Act, Ontario Workplace Safety and Insurance system, safety blitzes, Stronger Workplaces for a Stronger Economy Act, temporary workers, WSIA

Occupational Health and Safety: Duty to report and protection against reprisal

February 20, 2018 Occasional Contributors Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines

Employers should be particularly alert to the provisions of OHS Acts in considering actions taken by workers outside of the usual lines of reporting at the workplace where unsafe work conditions are alleged. The OHS Acts of each province in Atlantic Canada imbue workers with specific rights related to workplace safety.

duty to report, employment law, health and safety, Occupational Health and Safety Committee, right to refuse work, unsafe work, work refusal

Welcome to 2018 with new employment and labour law rules and obligations across Canada

January 4, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Standard for Customer Service, Standard for Employment, Wages and Compensation

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance.

Accessibility for Manitobans Act, Accessibility for Nova Scotians with Disabilities Act, Alberta cannabis framework, cannabis, Cannabis Act, Cannabis legalization, caregiver benefits, chronic mental stress, domestic and sexual violence, Employment Insurance, employment law, family responsibility leave, group terminations, health and safety, Maternity benefits, maternity leave, mental stress, minimum wage, new employment and labour law rules and obligations, overtime agreements, parental benefits, parental leave, Pension benefits, Statutory leaves

Top 10 most-read First Reference Talks blog posts for 2017

December 22, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Announcements and Administration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management. Apart from the issue of cannabis in the workplace, there seems to be varied topics making it on the list this year. Here’s the full top 10 list of the most-read First Reference Talks blog posts from our regular bloggers for 2017:

bereavement leave, Bill 148, cannabis, employment contract, employment law, health and safety, marijuana in the workplace, Mental illness, parental leave, record of employment, termination

Working notice inappropriate for employees who cannot work

December 19, 2017 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Disability, disability leave, employment law, health and safety, just cause, Notice of termination, termination, working notice

Three popular articles this week on HRinfodesk

November 23, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Source Deductions and Reporting

The three popular articles this week on HRinfodesk deal with: changes to the Canada Labour Code, the WSIB rate framework implementation date and the employer accreditation program consultation for health and safety.

Canada labour Code, employer accreditation for health and safety, employment law, health and safety, Leaves of absence, Workplace Safety and Insurance Board (WSIB), wsib, WSIB Rate Framework

When can an employer ask for an independent medical examination?

November 3, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

accommodation, duty to accommodate, employment law, health and safety, human rights, independent medical examination, Ontario Human Rights Tribunal

Furry friends at work, should pets be part of your office culture?

October 24, 2017 Beyond Rewards Inc Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources

Are you thinking it would be out of this world for you to bring your pets to work? Think again—Companies today are slowly hopping on board to this idea.

bringing pets to the office, employment law, health and safety, health and wellness, mental health, pets, Pets at Work Policy

Federal undertakings involved in construction projects are not subject to a provincial occupational health and safety legislation

August 15, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources

Are the provisions of chapter XI of the Act respecting Occupational Health and Safety, pertaining to construction sites and principal contractors, constitutionally applicable to federal undertakings? Such is the question that the Superior Court of Quebec has responded to in Commission des normes, de l’équité, de la santé et de la sécurité du travail c. Commission des lésions professionnelles, 2016 QCCS 2424.

Act respecting health and safety, Canada labour Code, CLP, CNESST, Commission des lesions prefessionelles, cooperative federalism, employment law, health and safety, interjurisdictional immunity, labour relations, occupational health and safety, provincial laws in federal jurisdiction, remedial orders, St Lawrence Seaway Management Corporation, Superior Court of Canada