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Posts Tagged: ohsa

Workplace Harassment and Discrimination: Looking at the Allegations Against Canada’s Spy Agency

You have probably seen this in the news – five employees have filed a $35-million lawsuit against the Canadian Security Intelligence Agency (CSIS) alleging a toxic workplace culture poisoned by racism, homophobia and anti-Muslim discrimination. These allegations are yet to be proven in court. However, it is important to have a discussion about the employment law issues arising from this, […]

So What Happens If We Don’t Comply With Bill 132?

As my recent Canadian HR Law blog post outlines, in September of last year, Bill 132 came into force in Ontario. The Bill, formally known as the Sexual Violence And Harassment Action Plan Act, follows substantial legislative changes pursuant to Bill 168, which took effect almost seven years ago. Both pieces of legislation are intended to bolster protection for employees […]

The Latest Chapter in Employment Law: Bill 26 Proposes Statutorily-protected Domestic and Sexual Violence Leave

The Ontario provincial government continues its recognition of the impact of domestic violence on the workplace with Bill 26, which proposes amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Previous developments Bill 168, which came into force on June 15, 2010 as an amendment to the OHSA, established a requirement that employers […]

Beware of Summary Dismissal without Investigating First

As I said in my March 16, 2016 Canadian HR Reporter post, “Much has been written about the expanding role of investigations within the context of human resources and employment law. As has been expressed on many occasions (here and here for example), courts expect that workplace investigations will be conducted thoroughly, fairly and expeditiously.” A recent Canadian HR Reporter post reaffirms […]

The Ministry of Labour Provides Additional Details on Bill 132

On August 12, 2016, the Ontario Ministry of Labour published its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act” (the “Code”). Given the rapidly approaching date upon which Bill 132 comes into force, and its extensive requirements, this guide to Bill 132 from the Ministry was anxiously awaited. The Code provides some helpful guidance […]

Drug Testing in the Workplace – An Update

Nobody likes tests. I remember school days when pop quizzes always meant wondering if you remembered everything, or whether what the teacher taught that day you were sick would be on the questions she asked. In today’s workplace, tests are still looked upon as something you wish you could just skip, or avoid altogether. As the firm’s latest First Reference […]

Reinstatement: Now the default for OHSA Reprisal

In November, I posted about the Occupational Health and Safety Act (“OHSA”) exception to the general rule that reinstatement is not a remedy available to non-unionized employees (you can read that post here). Around the same time, the Ontario Labour Relations Board (“OLRB”), which has jurisdiction to hear complaints under the Occupational Health and Safety Act, released its decision in […]

The Changing Face of Workplace Safety

Work is one of the most fundamental aspects of an individual’s life – and why wouldn’t it be? As one of my favourite employment law quotes from the Supreme Court puts it, we derive so much of our role in society, our sense of identity, self-worth, and well-being from our professional lives, in exchange for the time and effort we […]

Reinstatement – The OHSA Reprisal Exception

  When people lose their jobs, one of the first questions they ask is “can I get my job back?” Generally, the answer is no. There are some exceptions, however. One is for unionized employees, who can be reinstated in specific circumstances. Another is for employees that have been harassed or discriminated against contrary to human rights legislation. And a […]

The Flu: It’s Nothing to Sneeze At

We’ve been experiencing a mild fall in Ontario to date. In fact, some days take us back to summer as the temperatures rise and fall daily with no predictable pattern. If it weren’t for all of the commercials about free shots, we may even forget that it’s actually flu season. Unfortunately, the flu season is very unpredictable in that the […]