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Overview
In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728, the Ontario Court of Appeal (ONCA) overturned the lower Court’s decision that found an employee had been wrongfully dismissed in relation to sexual harassment allegations and was awarded 20 months’ notice. In its reversal, the ONCA held that the employee had failed to fulfill remedial steps required by his employer; that he did in fact sexually harass his coworker; and that his for-cause termination was justified.
Background
A senior, 20-year employee made several comments to his younger, female coworker on several occasions, including the following:
Continue Reading ONCA upholds employer for-cause termination for sexual harassment
A Guide for Employers during COVID-19
This free guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore, to get through this ongoing pandemic. (Last Updated December 10, 2021)
Should you need legal advice specific to your workplace, please get in touch to learn more
In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.
Non-Compete Agreements are Prohibited
Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers.
Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.
Continue Reading An Update on Bill 27, Working for Workers Act, 2021
Likely you’ve noticed that the holiday season is upon us! Often around this time of year, we’ve written a blog post about holiday office parties. Usually, these have revolved around topics like social host liability, drinking and sexual harassment. This year, many workplaces are eager to get the gang back together in person and have the additional consideration of COVID-19! What to do?!
Where to Party?
An easy option, which will allow employers to avoid having to reinvent the wheel, will be to have the holiday party at a restaurant. Restaurants know the local public health rules and you won’t have to ruin the night for your HR person by requiring them to be the mask police all night. Proof of vaccination is required to dine indoors in most jurisdictions and the restaurant will have a set-up for contract tracing and vaccination checks.
Continue Reading Time to Party IRL?
Background
In a recent decision, EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “HRTO”) found that an employer discriminated against three of his employees based on their gender identities, gender expressions, and sex by subjecting them to trans-and homophobic language, intentional outing, and by misgendering them through his refusal to use their preferred pronouns.
The three Applicants, referred to as EN, JR, and FH, were kitchen employees at a restaurant managed by its owner, Jamie Gallagher; each identified as either gender queer or non-binary, using the chosen pronouns ”they/them.” They openly requested to be addressed with these pronouns.
Continue Reading HRTO: Employer Liability for Proper Pronoun Use
This month has seen arbitral treatment of two mandatory vaccination policies in the context of unionized workplaces. In a grievance brought by the United Food and Commercial Workers Union, Canada, Local 333 against employer Paragon Protection Ltd., the arbitrator found that the employer’s vaccination policy was reasonable. In a grievance brought by the Power Workers’ Union (the “PWU”) against employer Electrical Safety Authority, the arbitrator found that it was not.
Paragon Protection’s Vaccination Policy
Paragon Protection Ltd. provides security services and employs 4,400 unionized security guards to hundreds of client sites across Ontario. Many of these client sites had vaccination requirements. Paragon gave its employees approximately two months notice that they would be requiring them to be fully vaccinated against COVID-19. Employees would report their vaccination status by way of a declaration. The policy allowed exemptions for human rights reasons on the basis of creed/religion and health.
Continue Reading Arbitration Decisions on Mandatory Vaccination Policies
As a result of the Covid-19 pandemic, Ontario’s labour market has experienced significant disruptions and a permanently shifted work landscape. Employers are grappling with redefined work locations, rapidly changing public health standards, and the need for economic revitalization. As part of the province’s recovery scheme, Monte McNaughton, Minister of Labour Training and Skills Development, established the Ontario Workforce Recovery Advisory Committee (OWRAC). The Committee’s mandate is to “provide recommendations to position Ontario as the best place in North America to recruit, retain and reward workers.” Its work centers around three pillars: economic recovery, strengthening Ontario’s competitive position, and supporting workers. Integral to the Committee’s work were community stakeholder consultations involving workers, employers, and unions, which invited submissions by July 31, 2021.
Continue Reading Bill 27 – Working for Workers Act, 2021 and Disconnecting from Work Policies
Join us for Part 2 of this webinar series. Dealing with Harassment, Bullying and Sexual Violence in the Workplace, as we do a deep dive into Trauma-Informed Workplace Investigations (TII). SpringLaw’s Flo Vineberg and Emily Siu will discuss the role of a Trauma-Informed Workplace Investigator and best practices for employers.
Date: Wednesday, November 17, 2021
Time: 10:30-11:00 am EST
Register: Click here!Continue Reading Free webinar: Trauma-Informed Workplace Investigations
On October 25, Ontario Bill 27, Working for Workers Act, 2021 (“the Bill”) passed first reading. This Bill proposes amendments to our key Ontario employment statutes, including the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act. In today’s post, we will review highlights regarding the proposed ban on non-competes and talk about how Ontario businesses can prepare.
A Ban On Non-Competes
One much-discussed element of the Bill is the proposed ban on non-competition agreements in employment contracts.
A non-competition agreement restricts – or tries to – an employee’s ability, for a period of time, to work for a competitor after leaving the employer. The restriction is usually somewhere between three months to two years.
Continue Reading A Proposed Ban on Non-Competes