The duty to accommodate an employee with childcare responsibilities is not unlimited. The recent decision of Aguele v. Family Options Inc., 2024 HRTO 991[1] from the Human Rights Tribunal of Ontario (“HRTO”) provides some insight for employers responding to requests for schedule changes from employees with childcare responsibilities. Case Summary: The employer provided housing and […]
As of May 31st, 2024, certain private sector entities will be required to submit their first questionnaire and their first annual report under the federal Fighting Against Forced Labour and Child Labour in Supply Chains Act (more commonly referred to as Canada’s Modern Slavery Act) (the “Act”). The Act, which applies to both government institutions […]
The phenomenon known as “renoviction” has garnered much attention on Prince Edward Island in recent years. On November 17, 2021, the Province of Prince Edward Island passed Bill 122, which implemented a two-year moratorium on the ability of landlords to evict tenants to renovate their occupied units. While the government of PEI is currently in […]
2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]
In a closely watched decision, the Supreme Court of Newfoundland and Labrador (the “Court”) recently upheld an arbitration decision that endorsed an employer’s decision to refuse employment on the basis of an individual’s medical cannabis use. In International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. v IBEW, Local 1620 (Tizzard), Re, 2018 CarswellNfld 198, […]
2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.
1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).