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

Tag Archives: complaint

The Deadline is Fast Approaching: Top 5 Items to Prepare for Bill 132 OHSA Compliance

Posted in harassment, Occupational Health and Safety, Sexual Harassment, Sexual Violence, Workplace Investigations

Navigating the complexities of workplace harassment is a challenging process for employers.  It often requires the allocation of considerable time and resources to investigate complaints and has the potential to result in significant costs to an organization if it is required to defend its actions or response to litigation.

With the changes to the Occupational Health & Safety Act (OHSA) under Bill 132 that come into effect on September 8, 2016, workplace harassment will continue to be a top priority for employers.

What has changed with Bill 132?

  • As we have outlined in a previous post, Bill 132 expands
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New Sexual Harassment Laws Coming Soon to the Workplace

Posted in Human Rights, Occupational Health and Safety, Policies

On March 6, 2015, the Ontario Government published its plan aimed at addressing sexual violence and harassment in Ontario.  The document is titled, “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” (the “Action Plan”).  The Action Plan has a lot to say about a very important subject and I encourage readers to review the entire document.  This post though is limited to the Government’s recommended changes to the Occupational Health and Safety Act (“OHSA”) to deal with workplace sexual harassment.

Employers are already obligated to create a workplace harassment policy and to investigate harassment … Continue Reading

Wal-Mart (Still) Pays High Price for Failing to Investigate Employee’s Complaint

Posted in Employment Standards, Investigations

A recent Ontario Court of Appeal decision Boucher v. Wal-Mart Canada Corp., 2014 ONCA 419, is an important reminder to employers that failing to properly investigate allegations of harassment in the workplace can be incredibly costly.

Facts

Ms. Boucher was an Assistant Manager of a Wal-Mart retail location. After she refused to falsify a log book, the location’s Manager (Mr. Pinnock) became abusive towards her. Mr. Pinnock continuously belittled, humiliated and demeaned Ms. Boucher, often in front of co-workers, in the hopes that she would eventually quit.

Ms. Boucher tried to obtain help from Wal-Mart by bringing a … Continue Reading

Time Limits for Wage Complaints Under the Canada Labour Code to Come Into Force April 1

Posted in Employment Standards, Wage and Hours

The long-awaited proclamation of several important amendments to the Canada Labour Code (the Code), have finally been announced. On March 12, 2014, the Federal Government announced that April 1, 2014 will be the day that certain sections of the Jobs and Growth Act, 2012, will come into force. The Jobs and Growth Act, 2012, also known informally as Bill C-45, received Royal Assent in December 2012 as a means to implement parts of the 2012 Federal Budget.

Of particular note for employers in the federal jurisdiction is that the Bill C-45 amendments will establish precise time … Continue Reading

Cost Orders Under the Ontario Human Rights Code?

Posted in Human Rights

A common complaint we hear from employers who are engaged in proceedings before the Human Rights Tribunal of Ontario (Tribunal) is that regardless of the merits of the complaint, or the end result, the employer is burdened with the legal costs of successfully defending a complaint. Currently, the Tribunal does not have the explicit power under the Human Rights Code to order costs against the unsuccessful party, and the Supreme Court of Canada has stated that a human rights tribunal cannot order costs without an express grant from Parliament.

The introduction of a recent private members bill seeks to address … Continue Reading