By: Hilary Page and Lisa Stam
2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018.
In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and
The Ontario Human Rights Tribunal (HRTO) released an interim decision on September 24, 2018 in the application of the Association of Ontario Midwives (AOM) and the Ontario Ministry of Health and Long-Term Care (MOH). The AOM brought an application to the HRTO alleging discrimination on the basis of gender in their compensation by the MOH.
Bill 164, introduced in October 2017, would expand the current prohibited grounds of discrimination under the Ontario Human Rights Code to include social condition, police records, genetic characteristics and immigration status. We are currently waiting on the Bill to pass, or not. It passed second reading and currently sits with the Standing Committee on
Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great
The Ontario Human Rights Tribunal (HRTO) has issued an important decision on age discrimination and benefits. In Talos v. Grand Erie District School Board, 2018 HRTO 680 the HRTO found that terminating an employee’s health, dental and life insurance benefits at the age of 65 constitutes age discrimination and is a violation of the
With the legalization of marijuana looming on the horizon this summer, concerned employers are thinking about how to keep drugs out of the workplace. While random workplace drug testing might seem like an attractive option, in Canada the law remains unsettled on what’s permitted. The most prominent legal battle over random drug testing in Canada
By now everyone should know that sexual harassment is not permissible in the workplace, but even amidst the flurry of allegations we have seen in the #metoo era, exactly what constitutes sexual harassment might still be a little fuzzy. With love in the air today, workers across the land might be wondering, can I ask
Merry Christmas! Wait. What? Can we still say that in public? Why yes, we can, but not at the cost of excluding all other religions in the workplace.
For those that do not celebrate Christian holidays (and/or secular commercial holidays derived from Christian traditions), focusing only on Christian traditions can feel like exclusion.
It’s hard
Not for much longer… Last month, Ontario Liberal MPP Cristina Martins’ bill to ban mandatory high heels in the workplace sped through the legislature. The bill, titled the Putting Your Best Foot Forward Act, 2017 passed first reading on October 17, 2017, second reading on October 19, 2017, and has been referred to the standing