Supreme Court of Canada Rules Future CPP Benefits Not Deductible...
This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.
The Beginning of the End of a Different Legal Test...
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.
Medicinal Monday to Fridays: When Employees Are Under the Influence...
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.
Employee’s Failure to Disclose Medical Marijuana Use a Factor in...
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Absenteeism Due to Disability: Has Frustration of Contract Occurred?
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
An Employee With a 14 Year Absence Reinstated With Full...
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.
Employer’s Denial of Request for Summer Off, a Breach of...
Family status cases continue to work through human rights tribunals across the country.
Breastfeeding and the Duty to Accommodate: Federal Court of Appeal...
In Flatt v Canada (Attorney General), 2015 FCA 250 (CanLII), the Federal Court of Appeal (“FCA”) visited the issue of whether the decision to breastfeed one’s child is protected by human rights legislation.
#familystatus: a Top Trend in 2015 Canadian Employment Law
Given its rise in popularity in Canadian employment law over the past year, it is only fitting that the subject of the last Employment and Labour publication for 2015 consider a recent decision relating to this evolving area of human rights law.
Nova Scotia: Application of Restorative Process to Discrimination Complaint
Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.