Articles 2019

Is “work” distinguishable from “employment”? The SCC recently answered in the affirmative – at least for one executive director. Stressing the duty of good faith and fair dealing, the Court held that a suspension with pay amounted to a constructive dismissal –sending shivers through every employer who levies an administrative suspension.

Premier Wynne's action plan to combat sexual violence and harassment entitled It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment was released this month. Employers should be ready to review their workplace harassment policies and procedures in light of any new legislation proposed and take advantage of any new guidance provided by the Province.

With Bill 168 came increased obligations on employers to provide a workplace that is free from harassment and violence. In practice, we find that a key tool for employers in effectively dealing with harassment and bullying in the workplace are policies and programs. This article discusses some suggestions for creating useful policies and programs.

The Supreme Court of Canada has just ruled on constructive dismissal, good faith dealings and administrative suspensions. The case is an important review of the law surrounding the expectations for employers in managing employees and processes to be followed in taking unilateral action including through the implementation of an administrative suspension.

Conducting investigations has become a necessary reality of the workplace. When conducted properly, an investigation can be a valuable tool in assisting employers in making decisions and reducing liability.

On October 29, 2014, the Employment Standards Amendment Act (Leaves to Help Families), 2014 (“Bill 21”) came into force. Bill 21 amends the Ontario Employment Standards Act, 2000 to provide for a number of new job-protected leaves.

In recent years, the lack of accountability and transparency of many public and private organizations has been forcefully brought to the forefront of public attention by the actions of Edward Snowden, Catherine Galliford and numerous others. The actions of these individuals have reignited the discussion over legislative protections for those who disclose the wrongdoings of their employers.

The Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), was carried after third reading on November 6, 2014. When enacted, the Bill will amend five statutes including the Employment Protections for Foreign Nationals Act (Live-in Caregivers and Others), 2009, the Employment Standards Act, 2000, the Labour Relations Act, 1995, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997.

In a decision that has many employers reconsidering the manner in which they implement their duty to accommodate, the Divisional Court recently confirmed the Ontario Human Rights Tribunal’s decision in Fair v. Hamilton-Wentworth District School Board.