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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Author Archives / Kate McNeill-Keller

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The Ongoing Pursuit of Accessibility in Ontario – Amendments to the AODA Effective July 1, 2016

Posted in Accessibility, Accommodation, Accommodation, Disability, Human Rights

Ontario’s commitment to promoting and advancing accessibility for persons with disabilities is continuing, with amendments to the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) scheduled to become effective on July 1, 2016.

Under the current legislation, the requirements for employers and businesses operating in Ontario are split between O. Reg. 429/07 – Accessibility Standards for Customer Service and O. Reg. 191/11 – Integrated Accessibility Standards (Information and Communication, Employment, Transportation and Design of Public Spaces). Effective July 1st, these two regulations will be consolidated into a single Integrated Accessibility Standards regulation through amendments contained in O. Reg. … Continue Reading

It’s in our DNA: Bill S-201 and Genetic Discrimination

Posted in Accommodation, Accommodation, Disability, Discrimination, Federally Regulated Employers, Human Rights, Privacy, US vs. Canadian Employment Law

When dealing with requests for accommodation, employee absenteeism and other medical circumstances, employers are routinely faced with the challenge of balancing employee privacy interests against the operational interests of the business when determining how much medical information and what kind of medical information employers can request.  The analysis typically centres on the issue of what is reasonable in the circumstances, with diagnostic information being considered to be a clear delineation point as to what employers may request and not request.  At the Canadian Senate in January, the question of the protection personal health information took on a new angle, centering … Continue Reading

Festive Celebrations and the Workplace

Posted in Discrimination, Employee Obligations

With the holiday season in full swing, employers are in the midst of the annual balancing act between festive celebration and appropriate workplace conduct. As the saying goes, an ounce of prevention is worth a pound of cure.  Here are some tips for planning and hosting a successful and (hopefully) incident free workplace holiday party.

1.  Alcohol Consumption

Many holiday parties involve the provision of alcohol to employees.  In an effort to prevent over-consumption, consider (i) setting a fixed period of time where alcoholic beverages will be served; (ii) providing a controlled number of drink tickets per guest; (iii) hiring … Continue Reading

When Your Business Becomes My Business – Dealing with Off-Duty Conduct

Posted in Employee Obligations, Employment Standards, Social Media

In the past few days, the issue of an employee’s off-duty conduct and its impact on the employee’s fit for continued employment has been a hot button topic in the news and on social media.

Many have questioned whether employers can or should consider conduct by an employee that occurs in the course of the employee’s personal (i.e. non-working) time. While there is no one-size-fits-all answer to that question, as it depends entirely on the circumstances of the particular case, there is an increasing movement by employers to consider such conduct and to take steps, including disciplinary steps, to address … Continue Reading

Tightening the Belt on Broader Public Sector Compensation

Posted in Benefits, Compensation, Pensions

On March 16, 2015, the Broader Public Sector Executive Compensation Act (the “Act”) comes into force. The purpose of the Act is to regulate and govern the total compensation of individuals who hold certain executive positions within the broader public sector (“BPS”), through the implementation of “compensation frameworks”. The “compensation frameworks” would apply to “designated employers” and “designated executives”.

Designated Employers

The following are characterized as “designated employers” under the Act:

  1. Hospitals;
  2. Every board within the meaning of the Education Act;
  3. Universities, colleges and other post-secondary institutions;
  4. Hydro One Inc. and its subsidiaries;
  5. Independent Electricity System Operator;
  6. Ontario Power Authority;
Continue Reading

Family Status and Childcare Obligations – The Federal Court of Appeal Weighs In

Posted in Discrimination, Employee Obligations, Family Status, Human Rights, Litigation

On May 2, 2014, the Federal Court of Appeal (FCA) rendered its decision in Canada (Attorney General) v. Johnstone (Johnstone), along with its decision of an appeal in a similar case called Canadian National Railway v. Seeley (Seeley). A full e-alert with our discussion of these cases and the implications for employers can be found here.

Both Johnstone and Seeley involved mothers of young children who requested relief from a workplace schedule or assignment which would have left them without adequate childcare. In Johnstone, the employee worked a rotating shift and requested a … Continue Reading