Latest Articles
The information contained below is not legal advice and is for informational purposes only.
Ontario to Expand the Definition of Workplace Harassment to include Virtual Spaces
In Ontario, the Occupational Health and Safety Act outlines Employers’ legal obligations to ensure the maintenance of a safe workplace. The OHSA (the “Act”) requires employers covered by the Act to prepare and regularly review policies regarding workplace harassment.
HRTO Dismisses Sexual Harassment Claim because it was Brought 19 Years after the Alleged Sexual Misconduct Occurred
In Ontario, there is a limitation period for civil legal matters. The Ontario Limitations Act 2002 provides that legal claims of a civil nature must be brought within a two-year period. In 2016 however, the Limitations Act was amended such that sexual assault claims…
Restroom Access for Transgender Employees
Accommodations for transgender persons in the workplace is not necessarily a new topic of discussion, however it is one that persists as a controversial issue. Indeed, in February of 2024, Conservative Party leader Pierre Poilievre reportedly stated that people born as biological males should be banned from women’s sports, change rooms, and bathrooms.
Alberta Tribunal Awards Damages for Discriminatory Dismissal Disguised as “Restructuring”
The Alberta Human Rights Tribunal, in Silliker v Suncor Energy Inc, 2024 AHRC 91, has awarded a plaintiff $40,000 in damages and 50% of each of her base salary, her annual bonus, the expected employer contribution to her pension, as well as all the out-of-pocket expenses she incurred after her benefits were termination…
British Columbia Tribunal Awards the Second Highest Injury to Dignity Awards in the Province
In Ms. L v. Clear Pacific Holdings Ltd. and others, 2024 BCHRT 14, the complainant, Ms. L, received British Columbia’s second highest award for injury to dignity as a result of the conduct of her employer, Sydney Hayden.
Family Status Discrimination Results in $105k in Damages
In Ontario, ‘family status’ encompasses a parent-child relationship and employers have a duty to accommodate their employees who have such responsibilities until the point of undue hardship. The parent-child relationship is interpreted broadly to include childcare obligations, which is most common, as well as caring for elderly parents (Misetich v. Value Village Stores Inc., 2016 HRTO 1229) and elderly in-laws…
The Working for Workers Four Act, 2024 is Making Changes to Employment Law in Ontario
On March 21, 2024, Bill 149, also known at the Working for Workers Four Act, 2024 was passed by the provincial legislature. Building on the Working for Workers Act, 2021, 2022, and 2023, the legislation will expand protections for employees.…
What is the Working for Workers Five Act, 2024?
Bill 190, also known as the Working for Workers Five Act, 2024, was introduced by the Ontario government in May 2024. If enacted, Bill 190 will amend provisions in the Employment Standards Act, 2020 (“ESA”), the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997, among others. The goal of the bill is …
Employers’ Duty to Accommodate Employee Caregiving Responsibilities
In Canada, it is law that an employer cannot discriminate against an employee on the basis of family status. Family status refers to family caregiving responsibilities. Family status is a prohibited ground of discrimination under both the Canada Human Rights Act as well as the Human Rights Code of Ontario. Most often, disputes between employers and…
Employers’ Duty to Accommodate Employees with Substance Addictions
Under the Canadian Charter of Rights and Freedoms as well as provincial and federal human rights legislation, a person cannot be discriminated against on the basis of disability. Under the Law, substance addictions (e.g., alcohol, marijuana, cocaine, and other stimulants, narcotics, sedatives, tranquilizers or other mood-altering substances, both illicit and prescription medications) are considered a form of mental health disability…
Closing the Gender Pay Gap: Pay Equity Legislation in British Columbia
British Columbia recently passed the Pay Transparency Act (the Act). This legislation aims to identify and eliminate pay differences among groups of workers and close the gender pay gap.
Appearance Discrimination And The Law
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