Workplace Mental Health

Bill 27 Working for Workers Act 2021 and Disconnecting from Work Policies
Photo by Eddy Billard on Unsplash

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

trauma-informed workplace investigationsJoin 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

Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the WorkplaceOctober is National Bullying Prevention Month. Harassment, bullying, and sexual violence in the workplace continue to persist. Last month, Western University dealt with several sexual assault allegations. What does this mean for employers?

Join SpringLaw’s Flo Vineberg and Emily Siu as they discuss sexual assault, harassment, and violence in the workplace, as well trauma-informed workplace investigations.

Date: Wednesday, October 20, 2021
Time: 10:30-11:00 am EST
Register: Click here!

Continue Reading Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the Workplace

Bill 132 - Sexual Violence and Harassment Action Plan Date
Photo by Nadine Shaabana on Unsplash

In response to the provincial government’s March 2015 report entitled  “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment,” the Ontario legislature passed Bill 132 – Sexual Violence and Harassment Action Plan in March 2016, which entered into force in September of that year. This Bill amended Ontario’s Occupational Health and Safety Act (OHSA), establishing specific requirements with respect to sexualized harassment and violence prevention in Ontario’s workplaces. In turn, employers have since had additional responsibilities to understand, address and eliminate workplace sexual harassment and violence beyond previous measures. This requires sound and updated workplace policies, sufficient workplace training, and additional competencies to ensure compliance with the OHSA via, amongst other things, informed and diligent workplace investigations.
Continue Reading Understanding your employer obligations under Bill 132 – Sexual Violence and Harassment Action Plan

Workplace harassment and the employer’s duty to correct it
Photo by Roland Samuel on Unsplash

Occupational health and safety legislation in Ontario protects workers from the risk and harm of harassment at work. Under the Occupational Health and Safety Act (OHSA) employers have a legal duty to guard against and correct workplace harassment no matter how small the team. 

Here are some things to keep in mind regarding workplace safety and the employer’s obligations. 

Harassment Can Go By Many Names

Bullying is harassment. Employees sometimes think that the form of harassment they are facing is less serious than the harassment that OHSA targets. But any euphemism for harassment, like bullying or mocking, doesn’t make it less harmful to workplace health and safety. Even lighthearted bullying can count as harassment under OHSA and the employer will have a duty to prevent and act on it. OHSA says that:
Continue Reading Workplace Harassment: the Employer’s Duty

Employee drug and alcohol testing in the workplace
Photo by Jeff W on Unsplash

Last week, we discussed various options for accommodations that employers can consider for employees with substance dependence-related disabilities. We then delved into general rules around drug and alcohol testing of employees and briefly outlined some differences between drug and alcohol tests. In the last part of our series on substance addictions at work, we will touch on whether employers can conduct drug tests on specific employees, as well as random drug testing in the workplace. We’ll also cover some alternatives to drug and alcohol testing and highlight the human rights issues at play when it comes to the subject of employee substance use. 

Drug & Alcohol Testing of a Specific Employee

Due to concerns over potential intrusion on privacy and human rights issues, drug and alcohol testing is generally justified in Canada where employees are in safety-sensitive positions and one of the following situations applies:
Continue Reading Substance Addictions at Work: A Guide for Employers – Part 4/4

addiction accommodations at work
Photo by Jeff W on Unsplash

Last week, we discussed the employer’s duty to accommodate employees with disabilities, which includes drug and alcohol dependence. Employers have a duty to accommodate employees up to the point of undue hardship. This is a high bar!  So employers need to give a lot of thought to what they can possibly do before deciding it’s not possible to accommodate an employee.  Employers will normally have at least a few options for employee accommodations, ranging from leaves to addictions support programs, which we will discuss below. We will also cover drug and alcohol testing in this blog. 

Leaves

Very often, the accommodation that an employee suffering from an addiction requires is a leave. Many medical notes recommend this option; should an employer encounter such a note, the employer can put the employee on an unpaid leave with continuation of benefits. The fact that the leave is unpaid can sometimes incentivize employees to recover and return to work sooner rather than later. The timeline of these types of leaves can be very long, unless the doctor makes clear that the employee will never be able to do the job again. In these scenarios, the employer may have to accommodate the employee to work in another position within the company. 
Continue Reading Substance Addictions at Work: A Guide for Employers – Part 3/4

addiction accommodations at work
Photo by Jeff W on Unsplash

Last week, we discussed challenges that employers face when dealing with substance dependence and addictions challenges in the workplace. We ended off discussing the employer’s duty to inquire. 

An employer has a duty to inquire as to whether an employee has disability-related accommodation needs when the employer is aware or reasonably ought to be aware that there may be a relationship between a disability and the employee’s job performance. An employer who observes unusual or troubling behaviour has a duty to assess the situation and look into whether the employee’s behaviour may be the result of a disability before the employer imposes any sanctions on the employee. 

An employer has a duty to raise concerns with the employee and to advise the employee that accommodations may be possible if their behaviour is a result of a disability, for example. 
Continue Reading Substance Addictions at Work: A Guide for Employers – Part 2/4

Substance Addictions at Work
Photo by Jeff W on Unsplash

Many employers will at some point encounter drug and alcohol issues in the workplace. Under the Canadian Human Rights Act, substance dependence is considered a disability. An addiction to drugs or alcohol also constitutes a disability within the meaning of the Ontario Human Rights Code

An addiction should only become an issue for the employer, however, if it affects the employee’s work performance. Employers have a right to expect a certain level of performance and competency from their employees, but employees have a right to be accommodated for their disabilities to the point of undue hardship. 
Continue Reading Substance Addictions at Work: A Guide for Employers – Part 1/4

romance in the workplaceSpringLaw’s Lisa Stam joined ADP’s Jeff Livingstone, host of the Insights@Work podcast for a conversation about romance in the workplace.

As Jeff explains, “When professional and personal lives co-mingle, it’s only natural that romantic work relationships happen.  While merging romance and work might sound like an ideal situation, navigating office politics and HR policies present