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Evaleen Hellinga is an employment, labour and contracts lawyer with a keen interest in human rights. She has experience in a wide variety of labour issues including employee accommodations, harassment and discrimination complaints, wage entitlements, progressive discipline and terminations.

An Unprecedented Legislative Move

This week, Bill 28 was repealed and the collective bargaining model in Ontario stands. Why was it such a big legal deal?  

The recent strike by education workers in Ontario made headlines for reasons beyond the usual disruption to parents’ and kids’ everyday lives. On October 30, 2022, the Canadian Union of Public Employees (CUPE) in Ontario gave notice to the province that the education workers it represents would strike in 5 days. 

On November 3, the province responded by introducing Bill 28, which enacted the Keeping Students in Class Act, 2022, unilaterally imposing a new collective agreement, outlawing the impending strike, and invoking the “notwithstanding clause” in the Charter of Rights and Freedoms to do so. This type of legislation is unprecedented. 
Continue Reading The Education Worker Strike: A Primer on Constitutionally-Protected Labour Laws

Human rights legislation across Canada protects employees from discrimination on the basis of disability and requires employers to accommodate employees with disabilities to the point of undue hardship. Long-term leaves of absence often leave employers wondering how to fulfil their duty to accommodate and at what point are they able to terminate an employee after an extended absence.

How Does an Employer Accommodate an Employee Who Can’t Work Due to Disability? 

When an employee requests a leave from work due to illness or injury with supporting documentation, employers generally start by providing the requested leave. Permitting the leave constitutes an accommodation. Generally, the initial leave is for a period of a few weeks or months depending on the medical professional’s recommendation. Following this initial accommodation, human rights adjudicators require an employer to actively engage with the employee to explore other potential accommodations. To do so, an employer should maintain reasonable contact with the employee to monitor their intention and ability to return to work and seek up-to-date information about the nature of the employee’s medical condition, restrictions and limitations, prognosis for recovery, and ability to perform alternative work. This process is ongoing and may last for several years. Employees must have the opportunity to contribute meaningfully to the accommodation process. 
Continue Reading Accommodating Long-Term Absences: Considerations for Employers

age and gender discrimination in the workplaceIt has been only a few weeks since Lisa LaFlamme, CTV National News’ former chief anchor and senior editor,  shared on Twitter that Bell Media terminated her contract after over 30 years with the company. Her termination has since made international news due to allegations of age and gender discrimination. The company’s Vice President has announced a leave of absence and other employees have publicly raised concerns about a toxic work environment. 

Age discrimination is likely to become a more common allegation against employers given the general demographics of our workforce. The proportion of working-age people in Canada who are between the ages of 55 and 64 is at an all-time high of 21.8%.  
Continue Reading Lessons in Managing an Aging Workforce: Terminations