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Keeping abreast of legal developments is a fundamental responsibility of any professional. This Journal will share information and thoughts on a broad range of workplace issues and developments.
There is no Freestanding Duty to Accommodate
This is worth repeating - there is no free-standing duty to accommodate under the Human Rights Code. Before the duty to accommodate is triggered the applicant (complainant) must demonstrate a prima facie case of discrimination on a prohibited ground listed in the Code (e.g. disability, sex, creed etc…). If the applicant can’t prove that he or she was discriminated against on a prohibited ground under the Code, the case will be dismissed. And [...]
Fitzgibbon Workplace Law, Special Alert
As you will no doubt be aware, the Ontario PC Government released their legislative response to the Liberal governments sweeping amendments to the Employment Standards Act, 2000 and the Labour Relations Act,1995. Bill 47, Making Ontario Open for Business Act, 2018 was released on October 23, 2018 and, if passed, will repeal many of the Liberal amendments introduced by Bill 148, Fair Workplaces and Better Jobs Act, 2017. Here is a Special Alert with respect to the Bill [...]
Fitzgibbon Workplace Law, Legal Alert September 2018
Here is the Fitzgibbon Workplace Law, Legal Alert for September 2018 which includes the following articles: Overtime Under the Employment Standards Act, 2000 New Criminal Record Check Rules Come into Effect on November 1, 2018 Pregnancy Leave, Constructive Dismissal and the Courts Real Estate and Moving Expenses in a Wrongful Dismissal Case Costs and Litigation - Think Hard Before You Go to War and on the Approach You Adopt Reprisal under the Occupational [...]
Reprisal under the Occupational Health and Safety Act
The Ontario Labour Relations Board (“OLRB”) issued a decision on August 30, 2018 in William Joseph Thorogood v North 44 Property Management, 2018 CanLII 8272 in which the OLRB found that a decision to terminate the applicant contravened section 50 of the Occupational Health and Safety Act (“OHSA”) which provides: 50 (1) No employer or person acting on behalf of an employer shall, a) dismiss or threaten to dismiss a worker; b) discipline or [...]
Consent to Prosecute Under the Labour Relations Act, 1995
The Ontario Labour Relations Board (“OLRB”) has broad remedial powers under the Labour Relations Act, 1995 (“LRA”) to deal with a range of labour relations issues. That said, section 109(1) of the LRA also gives an applicant the ability to seek the consent of the OLRB to prosecute a respondent criminally. Initiating a criminal prosecution, not surprisingly, should and is exceptional and the consent of the OLRB should not be easily secured. An [...]
Who Bears the Cost of an Adjournment of an Arbitration Hearing?
An interesting award dealing with cost of adjournments at arbitration is Toronto Transit Commission v Amalgamated Transit Union, Local 113 2017 CanLII 5852 (ON LA). The TTC and Local 113 were involved in an ongoing matter which had already gone to a hearing before an arbitrator. A continuation date was scheduled for February 8, 2017. On February 7, 2017 the union asked the employer to consent to an adjournment of the hearing. The employer [...]