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Canada Employer Liability Issues Employee Rights

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British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

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Ontario, Canada Court Orders Employer to Pay Costs to Discourage Tactical Litigation that Deters Employees from Pursuing Their...

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In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from...more

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Ontario Provides Details on Workplace Naloxone Kit Requirements

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On December 12, 2022, the Ontario Legislature published Regulation 559/22: Naloxone Kits (Regulation) providing further details on the naloxone kit requirements introduced as part of the Working for Workers Act, 2022, (Bill...more

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Alberta Court of Appeal Provides Helpful Guidance Regarding Time for Employee to Claim Constructive Dismissal

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Key Highlights - - A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change. - The employee must reject the...more

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Alberta, Canada: Bill 17 Receives Royal Assent and Expands Reservist Leave and Bereavement Leave

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On May 31, 2022, Alberta’s Bill 17, Labour Statutes Amendment Act, 2022, received Royal Assent, and the following amendments to Reservist Leave and Bereavement Leave in the province’s Employment Standards Code came into...more

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Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual

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In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as...more

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Ontario, Canada: Some Employees May Be Entitled to Paid Time Off to Vote in June 2nd Provincial Election

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The 2022 Ontario general election will take place on June 2, 2022.  Voters will elect members of the provincial government to serve in the Legislative Assembly. Under Ontario’s Election Act, every employee who is...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

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British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

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Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

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Ontario, Canada: Working for Workers Act, 2022 Introduced and Carried at First Reading

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On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more

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Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

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On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

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Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

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Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

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Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

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Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

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Responding to Requests for Religious Exemptions to Vaccination Policies

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In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more

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Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

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There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more

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Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

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Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes

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The Ontario government introduced legislation on October 25, 2021, which if passed, will prohibit non-competes in employment agreements, mandate that employers have a "disconnect from work" policy and require temporary help...more

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Canada: British Columbia Office of the Human Rights Commissioner Provides Guidance to Employers on Vaccination Status Policies

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British Columbia’s Office of the Human Rights Commissioner (BCOHRC) recently released A human rights approach to proof of vaccination during the COVID-19 pandemic (Guidance), which offers general advice on how employers and...more

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Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

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A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

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Court of Appeal Clarifies the Doctrine of Common Employer Liability, Holds Director Personally Liable

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The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more

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Alberta Court Provides Guidance for Random Drug and Alcohol Testing

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The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. ...more

World Law Group

Canada: Q&A - Employer COVID-19 Vaccination Policies

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WLG asked its member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. ...more

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