A recent decision by the Human Rights Tribunal of Ontario (“HRTO”) reminds Ontario employers once again to avoid terminating employees based on a prohibited ground of discrimination, in this case pregnancy (sex). Ms. Iskander was hired as a cook at a restaurant in Ottawa. During the interview process, Ms. Iskander made it known to the...
September means back to school and, for many families, adjusting to a new childcare routine. Let’s take a moment to re-visit and update our understanding of family status accommodation. To be brief, family status discrimination is the unfair, or less favourable, treatment of an employee due to their caregiving role. Canadian employers have a legal obligation...
The legal obligation to accommodate employees with disabilities is a cornerstone of workplace inclusivity and equality. Rooted in human rights, accessibility, and employment standards legislation, the duty to accommodate is a mechanism to ensure that employees with disabilities are treated with dignity in the workplace. Understanding the Duty to Accommodate The duty to accommodate refers...
A recent case out of Nova Scotia is a cautionary tale for foreign employers (including employers who promote ‘work from anywhere’ type policies/programs). In Mian v. Expro Group Canada Inc., 2024 NSSC 218 (CanLII), the employee originally applied to work for a UK company called Expro North Sea Ltd. and worked for this company temporarily,...
You have posted for an open position, screened through the resumes, interviewed your top candidates and you are now ready to put out an offer. You chat with the candidate on the phone and they are eager to get more information. You draft an email and/or a quick “offer” letter/confirmation, send it to the candidate...
Manitoba Orange Shirt Day (National Day for Truth and Reconciliation) is now a general holiday for employees in Manitoba. The new holiday is observed on September 30. Prince Edward Island As of October 1, 2024, in addition to the unpaid sick leave available to employees, employees will also be entitled to paid sick leave based...
In last year’s Alert, we outlined some of the risks and concerns underlying remote and hybrid work policies. As fully remote roles continue to be prevalent, and in light of Canada Revenue Agency (CRA) and Revenue Quebec (RQ) policies announced earlier this year, let’s outline 3 key questions employers need to consider when hiring an...
In the recent case of Krmpotic v. Thunder Bay Electronics, 2024, the Ontario Court of Appeal dealt with a variety of issues including awarding damages without medical evidence due to the manner of the employee’s dismissal. The duty to treat employees fairly during dismissal encompasses the employer’s duty to exercise good faith during the course...
The law continues to develop around the use of cannabis (or THC products) in the workplace. While the science is still developing on how to measure the intoxicating effects of THC and the impact it can have on safety in the workplace, legal decisions continue to refine an employer’s obligations with regards to its use....
Balancing the obligations of both work and home is a constant juggle for employees. As we approach the summer and children are out of school, there may be an increase in employees requesting accommodations to care for their families. In provinces/territories across Canada, family status is a protected ground and employers have a legal obligation...