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Union Found to Have Committed Unfair Labour Practice in Organizing Drive
In a decision released June 25, 2012, the Ontario Labour Relations Board (the “Board”) has found that an organizer from the Labourers’ International Union of North America, Ontario Provincial District Council (“LIUNA”) improperly influenced employees of Graham Bros. Construction Limited...
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Gender Identity and Access to Women’s Washroom Facilities
Author: Erik Marshall In response to a communiqué we recently published, in which we reported that a proposed amendment to the Ontario Human Rights Code (“Ontario Code”) that would see “gender identity” and “gender expression” added to the list of...
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Ontario Court of Appeal Ruling – Mitigation Limitations
The Court of Appeal’s recent ruling in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, will have significant impact on employers who utilize employment agreements. A five judge panel heard the severance case which addressed an important issue in...
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Class Certification Denied: Brown v. C.I.B.C.
Author: Robert Bell In Brown v. Canadian Imperial Bank of Commerce, Justice Strathy of the Ontario Superior Court of Justice denied a motion for certification in the most recent proposed overtime class action. Readers will recall that there have been...
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Human Rights Code Amendments – What steps should an employer take?
What action should an employer take to address the pending amendments to the Ontario Human Rights Code to protect their organization? These amendments will add to the protected grounds of discrimination the grounds of “gender identity” and “gender expression” with...
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« Gender Identity » and « Gender Expression » to be Added to List of Prohibited Grounds of Discrimination in Ontario Human Rights Code
On June 13, 2012, Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012 (“Proposed Amendment”) passed Third Reading as amended by the Standing Committee on Social Policy. The purpose...
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Crime & Punishment: A Case Study in Human Rights and Criminal Record Checks
In Penner v. Fort Garry Services Inc. (“Penner”), the Manitoba Human Rights Commission Board of Adjudication (the “Board”) considered the question of whether discrimination based on a previous criminal record was prohibited by The Human Rights Code (Manitoba) (the “Manitoba Code”)....
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What’s Stress Got to Do With It?
Author: Ian Smith Must an employer accommodate a worker at an industrial plant who threatens to kill his supervisor? How about a psychiatric hospital nurse who kicks a disruptive patient out of a van and leaves them at the side...
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Investigating Employee Misconduct
Author: Clifford Hart Joe, an employee of 15 years, is caught on surveillance video taking scrap out of the plant, which is in direct violation of company rules. Sally, who is off work and in receipt of short-term disability benefits...
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Job Competitions: Union Observers, Non-Union Applicants and Privacy
Saskatchewan Institute of Applied Science and Technology v. Saskatchewan Government and General Employees’ Union, 2012 SKQB 102. This case involved the interpretation of a provision of a collective bargaining agreement (the « CBA ») between the Saskatchewan Institute of Applied Science and...
