AODA Customer Service Standard Changed July 1


Time Published on July 22, 2016 User Stringer LLP Admin

Welcome back from your early summer vacation - Changes to the Customer Service Standard under the AODA came into effect on July 1. Employers must revisit their Customer Service Standard policies and procedures to ensure they are compliant with these changes.

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Court of Appeal Gives Mark-Fabricating Teacher an "F"


Time Published on June 22, 2016 User Stringer LLP Admin

When is a single, serious instance of misconduct just cause for termination, particularly for a long-service employee? In Fernandes v. Peel Educational, the Ontario Superior Court of Justice and the Ontario Court of Appeal were both asked to determine if a teacher’s misconduct gave rise to just cause for termination.  They came to very different conclusions.

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Putting on the Brakes: The Limits of the Common Employer Doctrine


Time Published on June 10, 2016 User Stringer LLP Admin

Many businesses and organizations now consist of multiple, separate corporations, organized for tax, liability, and other legitimate commercial purposes.  Although in some contexts such structures prevent any liability from flowing between the constituent elements, in wrongful dismissal cases such a structure can often come under attack, as plaintiffs attempt to draw unrelated elements of the same organization into litigation to access assets or because of confusion over the correct party to name.

Tag employment law

After the Accident: Pitfalls to Avoid for Employers after Workplace Accidents


Time Published on May 27, 2016 User Stringer LLP Admin

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy.  The Occupational Health and Safety Act requires that these parties take positive actions immediately from the time that an accident occurs.  These actions can have important implications for later legal proceedings.  Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

Tag occupational health and safety

It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process


Time Published on May 16, 2016 User Stringer LLP Admin

A recent decision of the Ontario Superior Court addresses the limits on the employer’s procedural duties in the accommodation process with respect to an employee on a long-term absence from work due to disability.

Tag human rights

Ryan Conlin Speaking on OHS in the Daily Commercial News


Time Published on May 06, 2016 User Stringer LLP Admin

Read the Daily Commercial News's report on Ryan Conlin's presentation at this year's Partners in Prevention occupational health and safety conference held on April 26. 

 

Tag occupational health and safety

More Time, More Money: New, Unique Employment Standards Act Leaves Proposed by Legislature


Time Published on May 03, 2016 User Stringer LLP Admin

There are currently two Bills before the Ontario legislature which would designate new leaves under the Employment Standards Act, 2000.  Outside of introducing the new leaves and obligations on employers, these Bills could be the canary in the coalmine for further extensive increases to leave entitlements under the Employment Standards Act, 2000.

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Fixed-Term Fiasco: Employee Profits off of Termination of Term Contract


Time Published on April 26, 2016 User Stringer LLP Admin

Canadian employees are presumptively entitled to “reasonable notice” of termination.  Although this entitlement can be limited to some extent by contract, an employee will generally be entitled to some advance notice of the end of their employment. If advance notice is not given, then the employer can satisfy this obligation by making a payment equivalent to the earnings the employee would have received over the notice period. However, the law is very different with respect to fixed-term contracts.  The catch is that absent contractual language limiting the employee’s entitlements on early termination, the employee is entitled to pay in lieu of the balance of the fixed term.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations


Time Published on April 20, 2016 User Stringer LLP Admin

A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.

Tag human rights

Employer Liable for Disclosure of Employee Confidential Medical and Employment Information


Time Published on April 08, 2016 User Stringer LLP Admin

The law has become increasingly sensitive to the need for the protection of personal information from public disclosure.  This is of particular concern for employers, who often possess a wealth of personal information about their employees.  With this possession comes responsibilities that can trigger legal liability if not fulfilled. In the recent case of St. Patrick’s Home of Ottawa v CUPE, an arbitrator was asked to deal with the ramifications of an unauthorized disclosure of employee medical and employment information in a unionized workplace.

Tag labour law,  labour relations

Yes, the AODA Applies to Construction Employers


Time Published on March 30, 2016 User Stringer LLP Admin

A common misconception among construction employers is that the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) only consists of the Customer Service Standard and does not apply to construction employers. 

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Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator


Time Published on March 22, 2016 User Stringer LLP Admin

The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers should take note of the legislative requirements in the jurisdictions in which they operate. Recently, the Federal Court of Appeal ruled on the issue of when federal employers must appoint an impartial investigator under the Canada Labour Code.

Tag employment law,  occupational health and safety

New Protections for Children in the Entertainment Industry


Time Published on March 14, 2016 User Stringer LLP Admin

Recently, the Protecting Child Performers Act, 2015 came into force. The Act outlines protections for child performers in both the live entertainment and recorded entertainment industries.

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Tip Protection for Servers – New Changes to the ESA


Time Published on February 29, 2016 User Stringer LLP Admin

The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.

Tag employment standards,  labour law

DNF: Waiver Fails to Protect Self-Insured Employer from Injured Employee’s Court Action


Time Published on February 08, 2016 User Stringer LLP Admin

The Workplace Safety and Insurance Act regime is predicated on the categorization of employers within its scheme.  Some employers do not need to be insured at all.  If they choose not to be insured the Act gives their employees the right to bring a civil case against them for injuries suffered in the course of employment.  A recent Ontario Court of Appeal decision clarified the law surrounding the eligibility of employees to make such a claim.

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