Employment Law

Human Rights Day 2021

  • December 10, 2021
  • BakerLaw
  • Comments Off on Human Rights Day 2021

Today marks the 73rd annual Human Rights Day, which celebrates the Universal Declaration of Human Rights (UDHR) (link) as put forth by the United Nations in 1948.

This year’s theme for the celebration is “EQUALITY – Reducing inequalities, advancing human rights”, which relates to Article 1 of the UDHR – “All human beings are born free and equal in dignity and rights.” » Read the rest

Ontario proposes a bill that would benefit foreign-trained professionals

  • October 27, 2021
  • BakerLaw
  • Comments Off on Ontario proposes a bill that would benefit foreign-trained professionals

The Ontario government announced its intention to propose legislation that, if passed, would make it easier for foreign-trained professionals and tradespeople to work in their respective fields by removing some barriers that internationally-trained immigrants face. For example, such changes would include the removal of the requirement for Canadian work experience, in certain regulated professions and trades. » Read the rest

Thoughts on Supreme Court of Canada’s Decision in Northern Regional Health Authority v Horrocks

  • October 26, 2021
  • BakerLaw
  • Comments Off on Thoughts on Supreme Court of Canada’s Decision in Northern Regional Health Authority v Horrocks

The Supreme Court of Canada recently issued its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 423 (link), ruling that human rights tribunals in Manitoba cannot hear complaints from unionized employees.

While this is the case for Manitoba, a careful review of the decision indicates this is likely not the case in other jurisdictions, including Ontario. » Read the rest

OHRC releases policy statement on vaccine mandates

  • September 27, 2021
  • Amanda Dimilta
  • Comments Off on OHRC releases policy statement on vaccine mandates

On September 22, 2021, the Ontario Human Rights Commission (OHRC) released its statement regarding the Ontario government’s requirement that residents provide proof of full vaccination to access certain public settings, specifically higher risk indoor facilities.

The OHRC states that the mandate is generally permissible under the Ontario Human Rights Code (link), as long as those who cannot be vaccinated are reasonably accommodated. » Read the rest

Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

  • July 21, 2021
  • Daniel Mulroy
  • Comments Off on Manitoba Court of Appeal affirms that there is no duty for an employer to investigate before terminating an employee

A recent Manitoba Court of Appeals case, McCallum v Saputo Dairy Products GP (link) reaffirmed that there is no duty on an employer to investigate before terminating an employee.

The appellant, Patrick McCallum, was a sales representative for the respondent, Saputo Dairy Products GP (“Saputo”).   » Read the rest

Ontario Superior Court Unclear on IDEL Interpretation

  • July 20, 2021
  • BakerLaw
  • Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

  • May 20, 2021
  • BakerLaw
  • Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

  • March 30, 2021
  • Anoop Kalsi
  • Comments Off on Tribunal Confirms the test for Family status discrimination is no different than for other grounds of discrimination

Family status discrimination has been a hot issue at the Ontario Human Rights Tribunal, particularly because the test for family status discrimination may not have been as clear as some would hope. Much of the confusion arises as to whether the Federal Court of Appeal decision in Canada (Attorney General) v. » Read the rest

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