Recent Decision on a Casual Worker’s Rights Surrounding Her Pregnancy
On January 23, 2014, the Supreme Court of Canada heard the case of Dionne c. Commission Scolaire des Patriotes. It is a case coming out of Quebec that touches on the issue of pregnancy-based discrimination and the extension of benefits to vulnerable workers. On May 1, 2014, the Supreme Court of Canada released their judgment. In […]
Pregnancy-Related Discrimination
Background Natalya Golovaneva came to me for guidance two weeks before her hearing before the Human Rights Tribunal of Ontario in July 2015. She was determined to bring to light what she strongly felt was discrimination in the workplace on account of her pregnancy, which ultimately cost her a job. She had returned to school […]
The State Has No Place In The Bedroom Of The Nation… But Does Your Employer?
In 1968, former Prime Minister Pierre Elliot Trudeau ushered in significant changes to the Criminal Code, which had until then criminalized homosexuality, with the following well-known pronouncement: There is no place for the state in the bedroom of the nation. What is done in private between two adults does not concern the Criminal Code. Although […]
Three New Job-Protected Leaves of Absence Take Effect October 29, 2014
Today, three new job protected leaves of absence come into effect under the Employment Standards Act: (1) Family Caregiver Leave, (2) Critically Ill Child Care Leave, and (3) Crime-Related Child Death and Disappearance Leave. We have been actively following the progress of Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, since March 2013 when […]
“Waiving” Goodbye: Can an Employer Waive the Employee’s notice of Resignation without Paying Any Indemnity?
The Supreme Court of Canada is scheduled to hear the case of Asphaltes Desjardins c. Commission des norms du travail, 2013 QCCA 484 today, March 28, 2014. This case could represent significant change for employers in terms of employee resignations and notice period payments. THE FACTS This Quebec matter involved a gentleman by the name […]
Notice for Employers: Accessibility Requirements must by completed by January 1, 2014
A message from the Accessibility Directorate of Ontario: Notice for Large Private and Non-Profit Organizations: If you are a business or non-profit with 50+ employees, you have requirements coming up in 2014. By January 1, 2014, you must: Create a multi-year plan to meet your accessibility requirements. Establish policies to help you achieve your accessibility goals, and […]
Mayor Rob Ford and Addictions in the Workplace
After months of denial, last night the Mayor of Toronto, Rob Ford, admitted to using crack cocaine while holding public office. According to a CBC article, he explained this lapse of judgment as something that he probably did while he was “in one of his drunken stupors.” Notwithstanding the admission of wrongdoing and the implicit admission that […]
Companies will be fined under Criminal Code if found liable for worker injury or death
Workers safety is paramount – see the below article written by Lisa Stam on her blog “Employment and Human Rights Law in Canada” for a breakdown of a recent decision by the Ontario Court of Appeal regarding the safety of workers: Criminal Code Convictions for Worker Safety Yesterday, the Ontario Court of Appeal tripled the fine […]
Racist Facebook Comment About Co-Worker: Employees Can Be Liable for Actions Outside the Office
There was recently a case about an employee who posted racists comments about her co-worker on her Facebook profile that we thought was interesting because it raises the question: can one employee hold a co-worker accountable for the things they say or do on social media? On August 1, 2012, Oscar Perez-Moreno, a manager at […]