Articles

This article briefly canvases the Ontario Human Rights Tribunal jurisprudence dealing with the duty to investigate and discusses the impact of the Tribunal’s recent decision in Scaduto v. Insurance Search Bureau to the application and analysis of the Code.

The growth of social media has resulted in individuals having ready access to a variety of online forums where they can express their views and opinions. The recent Newfoundland arbitration decision, Communications, Energy and Paperworkers Union of Canada, Local 64 v. Corner Brook Pulp and Paper Limited, makes it clear that using Facebook to post offensive and/or harassing comments about one’s employer can have serious consequences for an employee.

Until recently, it was well-accepted at common law that employers had no right to lay off an employee, absent an agreement to the contrary. However, following 2013 Ontario case of Trites v. Renin Corp., this long-standing principle has come up for debate.

The recent SCC decision in Bernard involves a situation where a trade union sought home contact information for bargaining unit members from an employer. The PSLRB ordered the employer to provide the home contact information of bargaining unit members to the union because the information was necessary for the union to carry out its representational duties. The union was also ordered to keep the information secure and only use the information for representational purposes.

The Supreme Court of Canada has expanded the ability of Ontario litigants to obtain a final judgment without the need for a full trial. On January 23, 2014, the Court released its’ decisions in Hryniak v. Mauldin and Bruno Appliance and Furniture Inc. v. Hyrniak, unanimously endorsing an expanded use of summary judgment under Rule 20 of Ontario’s Rules of Civil Procedure.

The Stronger Workplaces for a Stronger Economy Act, 2013 (Bill 146) was introduced in Parliament on December 4, 2013. If enacted, Bill 146 will have significant implications for Ontario employers as a direct result of amendments that it will make to Ontario employment legislation.