Journal 2019-08-15T07:58:54-04:00


Otherwise known as
Michael’s soapbox

This Journal will share information and thoughts on a broad range of workplace issues and developments.

Fairness in Investigations – Recent and Helpful Guidance

May 14, 2020|

An interesting case dealing with the degree of procedural fairness owed by a public body to someone affected by its decision was recently decided by the Court of Queens Bench of Saskatchewan in Oberg v Saskatchewan (Board of Education of the South East Cornerstone School Division No. 209), 2020 SKQB 96 (CanLII)). The case involved a school board removing the duties of a principal of a high school following an investigation which included [...]

O. Reg 200/20 Expands List of Essential Businesses

May 9, 2020|

Here is O. Reg 200/20 under the Emergency Management and Civil Protection Act which amends Regulation 82/20 Closure of Non-Essential Businesses. The Regulation expands the list of essential businesses to include garden centres and plant nurseries, including greenhouses that engage in retail sales to the public, hardware stores, safety supply stores. In addition, a place of business that is not listed in Schedule 2 (essential business) may open for the purpose of engaging [...]

Ontario Further Eases Restrictions on Certain Workplaces

May 6, 2020|

On May 7, 2020 the Ontario government announced that they have further eased restrictions on retail stores and essential construction projects. Specifically: Garden centres and nurseries will be able to open beginning on Friday, May 8, 2020 at 12:01 a.m., for in-store payment and purchases, operating under the same guidelines as grocery stores and pharmacies. The government has published, among others, Guidance on Health and Safety for Food Retail Sector during COVID-19 and [...]

Ontario Government Dips a Toe in the Reopening Water

May 1, 2020|

We all want to get back to the way things were before we heard words like COVID-19, self-isolation, social or physical distancing and community spread.  We are all bearing up as well as possible under the unprecedented circumstances in which we find ourselves. Provincial governments have, to varying degrees, begun the process of reopening their economies while keeping an eye on a further surge in cases. On April 20, 2020 the government announced [...]

Problematic Investigation Did Not Amount to Discrimination

May 1, 2020|

A employer has an obligation under the Human Rights Code ("Code") to take reasonable steps to address allegations of discrimination in the workplace. There is case law that supports the proposition that a failure to do so will itself result in liability under the Code. The law, however, is not settled as to whether an inadequate or deficient investigation can amount to an independent violation of the Code in the absence of findings [...]

Ontario Publishes Sector Specific Guidelines

April 30, 2020|

The Ontario government is advising businesses to get ready to reopen and that “we’re getting close”. On Monday the Ford government released A Framework for Reopening our Province and today they issued Workplace Safety Guidelines that employers in certain sectors will “need to protect workers, customers, and the general public from COVID-19 as it prepares for a gradual reopening of the provincial economy.” The news release provides: The government safety guidelines released today [...]

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