Workplace Safety and Insurance Appeals Tribunal

Three popular articles this week on HRinfodesk

May 19, 2016 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Training and Development

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.

accommodation, employment law, Human Rights Tribunal of Ontario, mental disability, modified work, Ontario Retirement Pension Plan, ORPP, Pensions and Benefits, Workplace Safety and Insurance Appeals Tribunal, Workplace Safety and Insurance Board, wsib

Three popular articles this week on HRinfodesk

October 16, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Training and Development, Wages and Compensation

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

employment law, family status, HRinfodesk, Newsletter, notice period, Productive work, return-to-work plan, suitable work, Temporary worker, termination notice, terminations, workers compensation, Workplace Safety and Insurance Appeals Tribunal, wrongful dismissal, WSIB benefits

Three popular articles this week on HRinfodesk

September 11, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Privacy and Security, Training and Development, Wages and Compensation

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.

commercial electronic messages, email, employer liability under Canadian Anti-Spam Legislation, employment law, HRinfodesk, social media, traumatic mental stress, worker's right of action, workers compensation, Workplace Safety and Insurance Appeals Tribunal, WSIB benefits, WSIB mental health stress

WSIB claims for mental distress

July 4, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

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.

benefits for mental distress, bullying or other abuse at work, Charter of Rights and Freedoms, Decision No. 2157/09, employment law, sudden and unexpected event arising out of and in the course of employment, work-induced mental distress, workers compensation, workplace injury, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, workplace stressors, wrongful dismissal claim, WSIB benefits, WSIB claims for mental distress, WSIB would not cover psychological or emotional damage, WSIB’s Traumatic Mental Stress Policy

Three popular articles this week on HRinfodesk

June 19, 2014 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, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Union Relations, Wages and Compensation

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.

breach of equality rights, cause to terminate, Charter rights, HRinfodesk, HRinfodesk newsletter, just cause, legislation violate Charter rights, Limits on workplace mental stress claims, Newsletter, Ontario Labour Relations Board, refusal to perform work on Sunday, reprisal, termination, terminations, WCB benefits, workers compensation, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, wsib

Tribunal finds limits on mental health claims unconstitutional

May 23, 2014 Meghan Ferguson Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Union Relations, Wages and Compensation

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.

1997, canadian charter of rights and freedoms, mental disabilities, mental health claims, mental health in the workplace, mental stress, workers compensation, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, Workplace Safety and Insurance Board, WSIA, wsib

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

November 15, 2013 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

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.

canadian employment law, civil action, company could not accommodate the worker, Disability, discrimination based on disability, duty to accommodate, employment law, human rights application, human rights tribunal, litigate accommodation issues in multiple forums, Return to work, suitable and sustainable work for the injured worker, temporary modified work program, workers compensation, workers’ compensation boards, Workplace Safety and Insurance Appeals Tribunal, wsib, WSIB accommodation dispute