Prince Edward Island recently became the third Atlantic Canadian province to expressly include “gender expression” and “gender identity” as protected grounds under the Human Rights Act, RSPEI 1988, c H-12 (the “Act”). The Act was amended by Bill 11, An Act to Amend the Human Rights Act, to include the new protected grounds. Royal assent was granted on December 6, 2013.
Employers often struggle with balancing their obligation to accommodate disabled employees and determining when the employment relationship has become “frustrated” in that a disabled employee is no longer capable of performing his or her job. A recent decision of the Ontario Human Rights Tribunal offers some clarity on this issue.
Amendments to Newfoundland and Labrador’s Labour Standards Act, R.S.N.L. 1990 c L-2, were given royal assent on December 10, 2013. These amendments provide employment protection in the form of unpaid leave to parents of critically ill minor children or minor children who have gone missing or have died as a result of a crime.
In Trites v. Renin Corp, 2013 ONSC 2715, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.
Throughout the ages the risk of injury has been a constant reality incidental to construction projects. The dangers inherent at any work site are numerous and despite the best safety regimes, accidents are inevitable.
The BC Human Rights Tribunal recently dismissed a sexual harassment complaint on the basis that the complainant historically participated in sexual banter occurring in the workplace.
There are a number of recent and significant amendments to the New Brunswick Workers Compensation Act and the Occupational Health and Safety Act which will come into effect on June 1, 2014.
The Ontario Court of Appeal has recently upheld an employment law decision of Justice T.J. McEwen of the Ontario Superior Court of Justice in Loyst v. Chatten’s Better Hearing Service, 2013 ONCA 781 (December 20, 2013). The case involved an employee, Dawn Loyst, who entered into a contract of employment with employer, Chatten’s Better Hearing Service (“Chatten’s”), to provide office management services for a period of five years.
The Nova Scotia Legislature recently passed Bill No. 15, known as the February Holiday Act. The February Holiday Act creates a new public holiday in Nova Scotia on the third Monday in February, starting in 2015. For most, this means a much-needed long weekend during the lengthy period between New Year’s Day and Easter. However, for many employers, the new holiday imposes cringe-worthy additional costs and complications.
It is no secret – many employers are looking for ways to keep up with the mounting expense of post-retirement benefits. As a result, some employers may attempt to unilaterally amend or terminate benefits to their retirees, relying on “reservation of rights clauses” commonly found in employment contracts (e.g. the employer reserves the right to amend, modify, suspend or terminate any of the benefit programs at any time).