Could a Gift Card Compensate for a Minor Human Rights T …

August 20th, 2019

A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her complaint. But what compensation was considered enough? In Duke v Sobeys, 2018 BCHRT 283,  the complainant went grocery shopping at a Sobey’s in […]

 

Arbitration Clauses in Employment Agreements: New Devel …

July 25th, 2019

Two recent Ontario court decisions suggest that arbitration clauses requiring employees in employment agreements to submit certain employment actions to arbitration may be unenforceable. In a recent Ontario Court of Appeal decision, Heller v Uber Technologies, 2019 ONCA 1, Uber brought a preliminary motion to stay a class action advanced by one of its drivers. Uber sought […]

 

Denied a Job Due to Lack of Canadian Work Eligibility? …

July 23rd, 2019

If you have recently been denied a job due to a lack of proof of permanent eligibility to work in Canada, you may be entitled to compensation under Ontario human rights law. In a decision last year from the Ontario Human Rights Tribunal, Haseeb v Imperial Oil Limited 2018 HRTO 957, an employer (Imperial Oil) […]

 

Failing to Abide by Confidentiality Provisions in a Set …

July 18th, 2019

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) [“Acadia”] emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.   Background   In the spring of 2018 Dr. Mehta was terminated by Acadia University […]

 

An Illness/Injury Has Made It Unfeasible to Return to W …

July 4th, 2019

If an injury or illness has resulted in there being no reasonable likelihood that you will be able to return to work within the foreseeable future, you may be entitled to compensation. The recent Ontario Superior Court of Justice decision, Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, sets out new guidelines on frustration […]

 

Medical Marijuana: Limits to Consumption in Unionized W …

June 14th, 2019

A recent labour arbitration decision from Saskatchewan has suggested what the boundaries around workplace consumption of medical marijuana might be. In Kindersley (Town) v Canadian Union of Public Employees, Local 2740, 2018 CanLII 35597 (SK LA), an employee was dismissed for vaping medical marijuana while operating the employer’s vehicle. The employee had previously disclosed to […]

 

Bill 66: Changes to the Employment Standards and Labour …

May 24th, 2019

Bill 66, which received royal assent on April 3rd, 2019, changes the Employment Standards Act, 2000 (ESA) and the Labour Relations Act (LRA). Workplaces that are covered by the ESA should take note that: Posting requirements are no more: Employers are no longer required to display a poster in the workplace delineating the ESA’s applicable […]

 

Employment Bill 148 is Being Scrapped…But Which Parts …

October 10th, 2018

Last week Doug Ford announced that he was halting the implementation of a $15 per hour minimum wage in Ontario but it looks like he is seeking to additionally roll back other employment laws that have already come into force. Yesterday, October 2, 2018, Doug Ford announced in the Ontario legislature that he was going […]

 

Cannabis and the Workplace

June 11th, 2018

Canada’s proposed Bill C-45, The Cannabis Act, is expected to come into force on July 1, 2018, as will Ontario’s Cannabis Act, 2017.  At that point, in Ontario, it will be legal for individuals aged 19 years and older to purchase and consume cannabis for non-medical purposes, to grow up to 4 plants per household, […]

 
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