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Searching Content indexed under Discrimination, Disability & Sexual Harassment by McMillan LLP ordered by Published Date Descending.
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1
Court Of Appeal Refuses To Recognize Freestanding "Tort Of Harassment"
Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment" is a tenable cause of action and a freestanding tort.
Canada
21 Mar 2019
2
Proposed Pay Equity Act Imposes Significant Obligations On Federally Regulated Employers
On October 29, 2018, the federal government introduced the Pay Equity Act as part of Bill C-86, Budget Implementation Act, 2018 No. 2.
Canada
17 Dec 2018
3
If Employees Are Impaired By Cannabis At Work, Can We Terminate Them?
The short answer is: it depends. On the face of it, an employee who is impaired at work has likely violated their employment contract in some fashion (for example, a requirement to be fit to perform their job duties).
Canada
18 Oct 2018
4
Amendments To The Act Respecting Labour Standards
On June 12, 2018, Bill 176: An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (the "Act") was enacted.
Canada
31 Jul 2018
5
Over (65) And Out In Benefit Plans Is Unconstitutional HRTO Rules
On May 18, 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released its interim decision in Talos v Grand Erie District School Board.
Canada
12 Jun 2018
6
HRTO Confirms There Is No Absolute Right To Use Medical Marijuana At Work
The respondent is a commercial contractor involved in the restoration of high-rise buildings.
Canada
5 Jun 2018
7
Through The Looking Glass (Ceiling): Ontario Passes New Act To Close Gender Wage Gap
Last week, the Ontario Government enacted the Pay Transparency Act, 2018. Introduced on March 20, 2018, the Act progressed quickly to Royal Assent on May 7, 2018, surprising many who expected the Act's outcome ...
Canada
21 May 2018
8
Notable Changes To The Ontario Human Rights Code Likely On Their Way
Bill 164 has now passed Second Reading and been referred to the Standing Committee on Regulations and Private Bills.
Canada
10 Jan 2018
9
Supreme Court Of Canada Confirms Expansive Protections Against Discrimination Regarding Employment
In a recent decision of particular importance to employers in British Columbia, the Supreme Court of Canada has upheld a decision of the British Columbia Human Rights Tribunal that protection...
Canada
19 Dec 2017
10
Unions Do Not Have A General Right To Notice Of Accommodation Requests
Telus Communications Inc. v Telecommunications Workers' Union[1] is an appeal of a British Columbia Supreme Court order quashing the decision of an arbitrator that upheld the Union's grievance ...
Canada
7 Jun 2017
11
Employer Benefits Obligations: Read Documents Carefully
A recent Ontario labour arbitration decision confirms the importance of having employment and benefits documents drafted with care.
Canada
28 Mar 2017
12
Family Status Discrimination: Tribunal Rejects Johnstone Test
The Human Rights Tribunal of Ontario's recent decision in Misetich v. Value Village is precedent setting.
Canada
22 Feb 2017
13
No Benefits Plan Can Cover The Sun, Moon And The Stars: Should They Cover Medical Marijuana?
These days, it seems that lawyers of all stripes, including McMillan's Medical Marijuana Industry Group, are turning their attention to the impacts of Canada's increasingly permissive marijuana laws.
Canada
10 Feb 2017
14
Human Rights Commission Clarifies Medical Documentation Needed For Disability-Related Accommodation Requests
On February 1, 2017, the Ontario Human Rights Commission released a policy statement that seeks to clarify the type and scope of the medical information that employees need to provide to their employers to support disability-related requests for accommodation.
Canada
8 Feb 2017
15
Should I Stay Or Should I Go? BC Supreme Court Stays Wrongful Dismissal Proceeding
Workplace conduct which results in injuries, including mental health injuries, to an employee can be covered by workers compensation legislation in certain cases.
Canada
19 Jan 2017
16
New Year, New AODA Requirements
When the calendar turns over on January 1, 2017, private and not-for-profit organizations with 1-49 employees in Ontario will be impacted by several new requirements under the Employment Standards to the Accessibility for Ontarians with Disabilities Act, 2005.
Canada
4 Jan 2017
17
Human Rights Tribunal Of Ontario Revisits Test For Family Status Discrimination
The Federal Court of Appeal caused a great deal of consternation among employers when it established a test to determining whether an employee had been discriminated against based on family status.
Canada
16 Nov 2016
18
Employee Can't Have Cake And Eat It Too: Court Strikes Employee's Claims For Lack Of Jurisdiction
The BC Supreme Court recently struck out the majority of the plaintiff's claims on the grounds that the court lacked jurisdiction to adjudicate claims within the exclusive jurisdiction of the ESA.
Canada
22 Aug 2016
19
September Is BC Disability Employment Month – Is Your Business Aware Of Government Efforts To Create A More Inclusive, Diverse, And Accessible Workforce?
Increasing accessibility and decreasing barriers in the workplace for people with disabilities is an important issue in employment law.
Canada
22 Aug 2016
20
Reminder: Changes To Workplace Harassment Rules Are Just Around The Corner
Employers need to be aware that on September 8, 2016, significant changes to the workplace harassment provisions of Ontario's Occupational Health and Safety Act (OHSA) will take effect.
Canada
17 Aug 2016
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