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Two kicks at the can: Worker allowed to re-litigate WSIB accommodation...
Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for...
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Tribunal finds limits on mental health claims unconstitutional
Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) has found that the limit on mental health claims under the Workplace Safety and Insurance Act, 1997 (“WSIA”) is...
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Three popular articles this week on HRinfodesk
Limits on workplace mental stress claims ruled unconstitutional breach of equality rights The statutory limits on workplace mental stress claims under the Workplace Safety and Insurance Act constitute...
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WSIB claims for mental distress
For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a Workplace...
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Three popular articles this week on HRinfodesk
Worker could sue executive officer for massage, but not employer This case sets the standard for determination of whether a worker’s right of action is taken away against an executive officer of the...
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Three popular articles this week on HRinfodesk
Temporary clerk not owed termination notice? A municipal employee claimed he was wrongfully dismissed by his employer, but the municipality claimed that no notice was required because he was hired...
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Caméras vidéo en milieu de travail – L’arrêt Vigi Santé Ltée : La cour...
La présence de caméras vidéo en milieu de travail, ainsi que d’autres mesures de surveillance mises en place par un employeur, font couler beaucoup d’encre depuis quelques années au Québec. En effet,...
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Video cameras in the workplace – The Vigi Santé Ltée decision: The Court of...
The presence of video cameras in the workplace, as well as other measures of surveillance put in place by employers, have generated considerable commentary in recent years in Quebec. Administrative and...
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The Canadian Human Rights Commission publishes Impaired at Work: A guide to...
The national epidemic of opioid abuse and overdoses is almost a daily feature in news media. Meanwhile, recent figures indicate that prescriptions for painkillers continue to increase in Canada. It is...
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A six step guide to employee recognition
Have you ever wondered how you could implement an employee recognition program and why you would need one? Employees are a company’s most valuable asset and should be recognized for all the work they...
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Protecting employees from third-party harassment
All Ontario employers have a duty to protect employees from workplace harassment. These protections are set out in the Occupational Health and Safety Act (“OHSA”). For instance, OHSA requires that...
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How foreign nationals can legally avoid Ontario’s foreign buyer tax
On April 21, 2017, the Ontario Government implemented the Non-Resident Speculation Tax, or foreign buyer tax. There are ways around it for foreign nationals, but it’s complicated. On April 20, 2017,...
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Les entreprises fédérales qui effectuent des travaux de construction ne sont...
Les dispositions du chapitre XI de la Loi sur la santé et la sécurité du travail (la LSST) touchant aux chantiers de construction et à la maîtrise d’œuvre des chantiers sont-elles constitutionnellement...
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Federal undertakings involved in construction projects are not subject to a...
Are the provisions of chapter XI of the Act respecting Occupational Health and Safety (the Act), pertaining to construction sites and principal contractors, constitutionally applicable to federal...
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PHIPA fines in the workplace
This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employee loses appeal regarding entitlement for chronic pain disability In the following matter, the Ontario Workplace Safety and Insurance...
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Must you include bonuses when calculating lost wages?
An employee who has been dismissed without cause is entitled to damages based on the income that individual would have earned during a period of reasonable notice. “Reasonable notice” will differ from...
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What you don’t know can hurt you: A new wave of WSIB claims for chronic...
On May 17, 2017, Bill 127 (Stronger, Healthier Ontario Act) received Royal Assent. The Bill modified the Workplace Safety and Insurance Act to allow WSIB benefits for workers who suffer from chronic...
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Court comments on when employers can ask for an independent medical examination
Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (“IME”) in certain circumstances, to facilitate the...
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Dishonesty in hiring process constitutes cause for dismissal
A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. The defendant...
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