LABOUR/EMPLOYMENT - 2011
DATE
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PRACTICE AREA
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| December 14, 2011 |
Labour/Employment |
Court Upholds Limits on Principal’s Discretion to Conduct Teacher Performance Appraisals
In Greater Essex County District School Board v. Elementary Teachers’ Federation of Ontario, the Ontario Divisional Court recently upheld an arbitration award limiting the discretion of a principal to conduct a teacher performance appraisal (“TPA”)
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DATE
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PRACTICE AREA
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| November 30, 2011 |
Labour/Employment |
Arbitrator: OHSA Violence Provisions Have Significantly Changed Workplace Law
The recent arbitration decision in Kingston (City) and CUPE, Local 109 demonstrates the impact the Bill 168 amendments under the Occupational Health and Safety Act (“OHSA”) can have on an arbitrator’s assessment of the appropriateness of discipline imposed by an employer in a case involving harassment or a threat of violence.
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DATE
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PRACTICE AREA
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| October 28, 2011 |
Labour/Employment |
Accessibility for Ontarians with Disabilities Act, 2005
On January 1, 2012 the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 becomes applicable to most providers (i.e., employers) in Ontario. Most employers will be required to have appropriate policies and procedures in place, and to have completed staff training, by January 1st in order to meet the requirements under the Customer Service Standard.
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DATE
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PRACTICE AREA
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| October 14, 2011 |
Labour/Employment |
Human Rights Tribunal Dismisses Allegations of a Racially Poisoned Workplace
Recently, in Patterson v. Hamilton Health Sciences, the Human Rights Tribunal of Ontario (“HRTO”) dismissed an application by an employee who claimed her workplace was racially poisoned and that her employer had failed to respond reasonably to her complaints as well as to her need for accommodation in relation to a disability.
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DATE
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PRACTICE AREA
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| September 26, 2011 |
Labour/Employment |
Evans, Philp LLP Obtains Early Dismissal of Human Rights Application on Grounds of Abuse of Process
Evans, Philp LLP succeeded recently in obtaining the early dismissal of two related Applications before the Human Rights Tribunal of Ontario. In Nyonzima v. Idlewyld Manor, 2011 HRTO 1517, a decision issued on August 15, 2011, the Tribunal dismissed the Applications for abuse of process based on its finding the Applicant had falsified two witness statements filed by her in support of her Applications.
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DATE
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PRACTICE AREA
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| August 16, 2011 |
Labour/Employment |
Human Rights Tribunal of Ontario Decision Reinforces Employee’s Duty to Cooperate
The Human Rights Tribunal of Ontario recently held in Baber v. York Region District School Board that an employer did not breach the Human Rights Code (“Code”) when it terminated an employee after she failed to provide sufficient medical documentation regarding her alleged disabilities and her requests for accommodations.
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DATE
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PRACTICE AREA
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| August 11, 2011 |
Labour/Employment |
Employer On The Hook For Value of LTD Benefits For Terminated Employee To Age 65
In its recent decision in Brito v. Canac Kitchens, the Ontario Superior Court criticized a manufacturer for its “hardball approach” towards a terminated 55 year old, long service production employee who subsequently became disabled during the period of “reasonable notice”. The decision included the award of an amount equivalent to 8 years of LTD benefits!
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DATE
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PRACTICE AREA
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| June 20, 2011 |
Labour/Employment |
Challenges for Hospitals Under the Freedom of Information and Protection of Privacy Act
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Account-ability Act, 2010. The Bill’s proposed changes will impact the privacy landscape of some public sector employers.
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