A recent decision of the Ontario Human Rights Tribunal has garnered considerable attention, and for good reason. The Tribunal held, in an interim decision, that a woman’s miscarriage and a temporary slip-and-fall injury could both constitute a disability under the Human Rights Code.
In a recent decision, the Ontario Court of Appeal concluded that an employee is not under a duty to mitigate his or her losses when terminated from a fixed term of employment.
Employers like to call some workers ‘independent contractors’. They think it gets them out of all kinds of obligations. Often, they convince people to refer to themselves that way by suggesting there are all sorts of tax advantages to being an independent contractor. It sounds attractive too. ‘Be your own boss.’ ‘Own your own business.’
Brake v. PJ-M2R Restaurant Inc., provides a clear example of an employer that refused to take the necessary steps to support the performance of its employee, but instead chose to engage in an arbitrary and unfair performance management scheme where the employee was set up to fail from the outset. The decision provides a cautionary tale for employers, and demonstrates the importance of approaching the employment contract in good faith.
You can’t fight progress, so stop trying. This was the theme of an editorial in The Globe and Mail in mid-December defending Uber’s right to do whatever it wants.
Over the years, employers and companies alike have made an effort to hire a more diverse workforce, even if only to comply with their legal requirements. Organizations should not only be aware of their legal requirements with respect to employment opportunities for all individuals, but they also need to understand what benefits they can derive from such compliance.
Ottawa restaurant Union Local 613 caused a stir two weeks ago when its male servers donned miniskirts and high heels in part to show solidarity for women who are required to project a sexy image on the job. They clarified that it is not the attire that is the problem, but the mandating that women must wear certain attire that is the problem.
After years of calls to address the inconsistent, and often maligned, approach of Ontario police services when it comes to issuing police record checks (‘PRCs’), the Ontario legislature finally tackled this important issue last year with the passage of Bill 113 – An Act respecting police record checks. Bill 113 became law in December and will be proclaimed into force in the near future. The legislation goes a long way in standardizing the process for requesting PRCs, protecting individual privacy rights and helping to avoid discrimination under the Human Rights Code.
Last month, the Ontario government released its 2016 budget and provided updated information that all provincially regulated employees and employers ought to know about the Ontario Retirement Pension Plan (ORPP).
In this world of constant online connection, it is typical for employees to communicate with their spouses during work hours, especially on their work email systems. But if the workplace has a clear policy stating that employees have no expectation of privacy when using their employer’s email system, can they still expect their personal emails to be private? It turns out they can.