Employment & Labour – Top Ten Cases of 2018

2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]

The Interplay between Workers’ Compensation and the Duty to Accommodate

In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.

It’s 2018: Here are Three Workplace Policies That Businesses Should...

1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]

Employer Permitted To Terminate Employees Receiving LTD Benefits

A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).

New Brunswick Employers Now Need to Accommodate Family Status

New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.

Supreme Court of Canada Rules Future CPP Benefits Not Deductible...

This case dealt with the narrow issue of whether the value of future CPP benefits are deductible under an SEF 44 claim.

The Beginning of the End of a Different Legal Test...

Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.

Absenteeism Due to Disability: Has Frustration of Contract Occurred?

Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.

June 29, 2016

An Employee With a 14 Year Absence Reinstated With Full...

In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.

Employer’s Denial of Request for Summer Off, a Breach of...

Family status cases continue to work through human rights tribunals across the country.