Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment.
Court confirmed that sexual harassment is not an...more
10/27/2022
/ Canada ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Human Rights Code ,
International Labor Laws ,
Ontario ,
Sexual Assault ,
Sexual Harassment ,
Tort ,
Vicarious Liability ,
Workplace Safety
The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more
10/14/2022
/ Arbitration ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Human Rights ,
Human Rights Code ,
International Labor Laws ,
Jurisdiction ,
Labor Law Violations ,
Ontario ,
Unions
In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), Arbitrator Kevin Burkett denied CUPW’s cease and desist application filed under the collective agreement (CA), which arose when the employer imposed a...more
1/26/2022
/ Arbitration ,
Canada ,
Cease and Desist Orders ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Infectious Diseases ,
Labor Relations ,
Unions ,
Vaccinations ,
Virus Testing
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more
1/20/2022
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Unions ,
Vaccinations ,
Workplace Safety
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more
11/22/2021
/ #MeToo ,
Canada ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Hostile Environment ,
International Labor Laws ,
Ontario ,
Sexual Harassment ,
Termination for Cause ,
Wrongful Termination
In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more
11/9/2021
/ Adverse Employment Action ,
Canada ,
Collective Agreements ,
Disability Discrimination ,
Dispute Resolution ,
Employment Litigation ,
Hiring & Firing ,
Human Rights ,
Lack of Jurisdiction ,
Last Chance Agreements ,
Unions
Based on the provincewide vaccination rate and continuing improvements in key public health and health system indicators, Ontario has announced that it will enter Step One of the Roadmap to Reopen (Roadmap) on June 11 rather...more