A decision of the Human Rights Tribunal of Ontario (“Tribunal”) explores the boundaries of the duty to accommodate in the workplace, raising important questions about how far employers must go to meet accommodation requests, and whether emotional discomfort during the process can establish a
Many companies are now using AI tools to sort through applications, with the goal of saving precious time for human resources teams. But how it’s used is as important as the fact that it’s used.
For some employers, their use of AI is resulting in some major liabilities. While we have yet to see litigation around AI implementation in Canada, in the U.S. there have already been some major cases.
Continue Reading AI in Recruitment — Here’s What Companies Can LearnAs an employer operating in a unionized environment—whether in Ontario or under federal jurisdiction—you may encounter complex workplace disputes involving human rights issues. A common question that arises is whether employees can bypass their union to file a human rights complaint directly.
Historically, the answer was uncertain, and unions were seen as the primary—if not exclusive—representative for workplace disputes. However, recent legal decisions have clarified when employees can pursue human rights claims independently. Understanding these rulings is essential for ensuring compliance, managing risk, and effectively handling workplace disputes.
Continue Reading Understanding Human Rights Protections and Union RepresentationOn October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers, received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments.
Mass Terminations Under the ESA:
One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.
Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers
Receiving notice to bargain can be overwhelming for an employer, especially if it is to negotiate a first collective agreement. It is important to understand key steps in the process in order to be prepared to achieve the best outcome for your business.
Do not feel rushed
There is no need to immediately schedule bargaining sessions once you receive notice to bargain. The obligation is to commence bargaining within a reasonable time frame such that the employer is not interfering with the union’s right to collective bargaining. Understandably, it could take up to a few months to align schedules of the bargaining teams on both sides and to ensure adequate time for preparation.
Continue Reading “You’ve been served with notice to bargain, now what?”At SpringLaw we get a lot of questions from both employers and employees about the intersection of the criminal law and the employment relationship. Unfortunately it’s easier, and likely more common, than you might think to get somehow mixed up in a police database or wind up with a criminal record.
Many employers will require
Most companies know which are some of the obviously dangerous questions to ask during a job interview. Are you planning to have children (i.e. many expensive parental leaves)? Do you have a happy (i.e. stable) marriage? Are you religious (i.e. a different religion than me)?
What about the less obvious questions? Focusing on any characteristic protected under the Ontario Human Rights Code (“Code”) is inviting trouble. If a job candidate can then establish that they did not get a job even in part because of discrimination, the employer may be facing a claim. The Code is crystal clear that the human rights regime applies throughout the entire employment relationship, from the interview and pre-employment stage, right through to termination.Continue Reading Human Rights During the Job Interview
Does racism necessarily lead to a poisoned workplace?
At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that while the former employee, Johnson, “genuinely believed that he had been the victim of racism in his workplace” and that his “perception of events unfortunately
I have questioned the teeth of the Accessibility of Ontarians with a Disability Act (“AODA”) in my past blog post, Where’s the Teeth?.
While the fines for non-compliance are huge (up to $100,000 per day – see section 83 of AODA Reg 191/11), the regime relies on the Ministry of Community and Social
I love stories like this: 17 year old Courtney Greer from Waterloo, Ontario, tries out for the boys’ soccer team, makes the team on her own athletic ability and is then told she is not allowed to play in the league. She then has the guts to publicly fight it and files a claim against the Ontario Federation of