Court Rejects Crown’s Bid to Use General Duty Clause to Impose More Stringent Health and Safety Requirements

Time Published on April 21, 2015 User Stringer LLP Admin

While the scope of the Occupational Health and Safety Act is broad, it is not limitless.  A recent decision from the Ontario Court of Justice held that where the nature of a workplace means that it is not required to implement a protective measure prescribed by the Regulations, the Crown cannot then successfully charge the employer with failing to reasonably protect a worker as a result of non-implementation of that same measure.


The Limits on the Duty to Accommodate

Time Published on April 16, 2015 User Stringer LLP Admin

A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate. In Pourasadi v Bentley Leathers Inc., the Applicant alleged that she was discriminated against on the basis of disability after her employment as a Store Manager was terminated. She argued that the employer failed to provide reasonable accommodation to the point of undue hardship.


Frank Portman to present at WSPS Conference & Trade Show: Understanding Bill 18: OHSA Protection for Young Workers and Unpaid Interns

Time Published on April 15, 2015 User Stringer LLP Admin

Frank Portman to present at WSPS Conference & Trade Show: Understanding Bill 18: OHSA Protection for Young Workers and Unpaid Interns.

Tag occupational health and safety

Shift-Shopping Endorsement Upheld by Alberta Court

Time Published on March 31, 2015 User Stringer LLP Admin

The Alberta Court of Queen’s bench recently reviewed the arbitrator’s decision in SMS Equipment, a case on which we have written before (see our update on the decision here), and one of the first in the current wave of cases concerning the entitlement of employees to accommodation for child care obligations under human rights legislation.

Tag human rights

Proposed Changes to the AODA Customer Service Standard

Time Published on March 30, 2015 User Stringer LLP Admin

Last year, proposed changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), were made available for public comment. A finalized version of these proposed changes has now been released. The purpose of many of the changes is to streamline the Customer Service Standard with the Integrated Accessibility Standard (which includes the Information and Communication Standard, the Employment Standard, the Transportation Standard and the Design of Public Spaces Standard).

Tag accessibility for ontarians with disabilities act,  aoda

Turning over a new leave: ESA amendments introduce new, significant categories of leaves

Time Published on March 16, 2015 User Stringer LLP Admin

2014 saw the introduction of three new leaves protected under the Employment Standards Act, 2000 (the “ESA”). These new leaves can result in significant absences from the workplace, which will create new human resources challenges for employers. Professionals engaged in workforce management and HR must be aware of these new obligations to employees in order to avoid accidental breaches of the ESA.

Tag employment standards

Early Bird Registration Now Open: 16th Annual Employment Law Conference

Time Published on March 03, 2015 User Stringer LLP Admin

Early Bird registration now open for the 16th Annual Ontario Employment Law Conference in Mississauga.

Tag employment law,  human rights,  labour law,  occupational health and safety,  workers compensation,  wrongful dismissal

Allison Taylor to present OBA webinar: Pregnant Employees: The Risks of Reproduction

Time Published on February 20, 2015 User Stringer LLP Admin

Allison Taylor will present this insightful webinar through the Ontario Bar Association on March 12.

Tag employment law,  employment standards,  human rights

Federally Regulated Employees do not have Just Cause Protection

Time Published on February 18, 2015 User Stringer LLP Admin

A recent decision of Canada’s Federal Court of Appeal has provided clarity to a decades-long debate as to whether non-unionized, federally regulated employees can be terminated without cause.

Tag employment standards,  wrongful dismissal

Supreme Court Rules Right to Strike Protected by the Charter

Time Published on January 30, 2015 User Stringer LLP Admin

The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.

Tag constitutional law,  labour law

Termination Clauses: A Cautionary Tale

Time Published on January 21, 2015 User Stringer LLP Admin

In cases dealing with particularly senior and specialized employees, significant notice periods may be awarded even for employees with short service. this is starkly illustrated by a recent case from the Ontario Superior Court.

Tag employment law,  general litigation,  wrongful dismissal

Divisional Court Clarifies Test for a Poisonous Work Environment

Time Published on January 16, 2015 User Stringer LLP Admin

When employees allege harassment in human rights complaints, they often refer to the creation of a “poisoned work environment.” A recent decision from Ontario’s Divisional Court helpfully demonstrates that something more than one or two discrete incidents is usually required to support such a finding.

Tag human rights

New Year’s Hangover: The Curious Case of the 27 Paycheque Year

Time Published on January 07, 2015 User Stringer LLP Admin

2015 brings with it a payroll oddity that only arises once every 13 years: 27 bi-weekly payroll periods.

Tag employment law,  employment standards

Divisional Court Refuses to Hear Appeal of Certification in Evans v Bank of Nova Scotia

Time Published on December 22, 2014 User Stringer LLP Admin

Ontario's Divisional Court has refused the Bank of Nova Scotia's application for leave to appeal the decision certifying a privacy class action to proceed.

Tag class action,  privacy law

Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits

Time Published on December 08, 2014 User Stringer LLP Admin

The Supreme Court has ruled that birth mothers faced discrimination because they were forced to choose between benefits during parental leave and benefits for pregnancy leave.

Tag human rights,  labour law