Blog
When Can Long-Term Disability Legally End an Employment Relationship?
Employment contracts are typically built on the expectation that both the employer and employee can fulfill their mutual obligations. But what happens when unforeseen circumstances, like a long-term disability, prevent an employee from continuing to work? In such cases, the legal doctrine of frustration of contract may come into play.
Employer Held Vicariously Liable for Employee’s Foul Mouth
An Ontario employer was vicariously liable for its male employee’s discriminatory conduct toward his female colleague and was ordered to pay damages for injury to the female employee’s injury to dignity, feelings, and self-respect.
Preferences vs. Needs: Human Rights Tribunal Finds Limits on Accommodation for Family Status
A recent decision, Aguele v. Family Options Inc. 2024 HRTO 991 (CanLII) from the Ontario Human Rights Tribunal makes it clear that the duty to accommodate employees on the basis of family status is not unlimited when it comes to scheduling hours of work.
Court of Appeal Sends Expensive Message to Employer For Termination Post-Medical Leave
The recent decision of Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, involves an employee with 30 years of service that was terminated the day he returned from a medical leave following back surgery.
Employers Beware: Revisions to Hiring Policies May Be Needed
In the recent decision of Imperial Oil Limited v Haseeb, 2023 ONCA 364, the Ontario Court of Appeal restored the Ontario Human Rights Tribunal decision which found that Imperial Oil had discriminated against Muhammad Haseeb (“Haseeb”) by requiring proof of Canadian Citizenship/Permanent Residency as a condition of employment.
Inclusivity in the Workplace
In honour of Pride Month, today’s blog post addresses the unique responsibilities of employers in ensuring they make efforts to develop an inclusive workplace environment for members of the 2LGBTQIA+ community.
An update on Workplace Sexual Harassment Decisions
In recent months, there have been several noteworthy decisions from human rights tribunals across Canada on sexual harassment in the employment context. We explore those decisions below and provide key takeaways for Ontario employers.