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”).
New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.
Workers’ Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
The New Brunswick Court of Appeal in Attorney General of Canada v Mullin and Workplace Health, Safety and Compensation Commission, 2016 NBCA 31, restored an original denial of compensation for a claim of gradual onset mental stress issued by WorkSafe NB.
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.
Family status cases continue to work through human rights tribunals across the country.