HR Law Canada

An arbitrator in British Columbia has ordered Nico Wynd Golf Club to pay $27,500 in damages to an employee who was harassed after intervening in a physical altercation between owners on the property. Following the incident, the employee faced intimidation and an inadequate investigative response from the employer, violating the collective agreement’s harassment provisions. This case highlights the legal and workplace implications of mishandling harassment complaints, providing key insights for HR professionals and employment lawyers on the assessment of damages for injury to dignity, pain, and suffering. Read the full story at https://lnkd.in/grsg2ARZ #HR #LabourLaw #Arbitration #Harassment #intimidation #workplaceviolence

he Human Rights Tribunal of Ontario has dismissed a case against Empire Auto Group, which raised important questions about accessibility in the hiring process and the limits of an employer’s duty to accommodate. The applicant alleged discrimination due to mobility challenges, claiming the employer failed to provide an accessible entrance during a job interview. However, the tribunal found that the employer was not made aware of the applicant’s need for accommodation and did not have a duty to inquire under the circumstances. This decision highlights critical considerations for HR professionals and employment lawyers: when does the duty to accommodate arise, and how far does it extend in hiring practices? It also addresses allegations of sexual harassment and the importance of clear communication when accommodation is needed. For a detailed summary of the ruling and its implications, read the full article at https://lnkd.in/g-WHjZ5t #HR #Automotive #Discrimination #Accessibility #Hiring #JobInterview #HumanRights

A pulp mill worker in British Columbia who failed to respond to safety alarms was awarded nearly two years' back pay after a suspension. The case turned on the employer's failure to accommodate the worker's disability, despite the safety-related incident. This decision underscores the importance of balancing workplace safety, discipline, and accommodation obligations. Read the full story at https://lnkd.in/gUKaAytn #HR #LabourLaw #Arbitration #OHS #WorkplaceSafety #Accommodation

The Human Rights Tribunal of Ontario has dismissed an application alleging sex discrimination against the Public Service Alliance of Canada (PSAC) after it posted a job reserved for a “qualified woman,” concluding that the union’s action fell under a legally protected “special program.” The complainant, a man who is a lawyer licensed to practise law in Alberta, claimed that PSAC’s choice to restrict a Grievance and Adjudication Officer position to women constituted discriminatory treatment contrary to Ontario’s Human Rights Code. He argued that his sex was a barrier to his candidacy and that the designation of the job for a female applicant denied him an equal opportunity to compete. Read the full story at https://lnkd.in/g6ciq4Qt #HR #JobPostings #HumanRights #HumanResources

The Human Rights Tribunal of Ontario has dismissed a vaccine-related discrimination application filed against Chartwell Master Care, ruling that the application was filed outside the statutory one-year limitation period under the Human Rights Code. The applicant alleged she was terminated on Dec. 10, 2021, for failing to comply with the company’s mandatory COVID-19 vaccination policy. The worker argued her dismissal constituted discrimination based on creed, as her religious beliefs prevented her from being vaccinated. Read the full story at https://lnkd.in/gBMZYD-f #HR #VaccineMandates #HumanRights #Late

A recent ruling by Ontario’s Workplace Safety and Insurance Appeals Tribunal has granted a worker permission to challenge a workplace injury decision nearly 10 years after the statutory objection period had expired. The case revolves around a decades-old knee injury claim that was initially denied continued benefits by the Workplace Safety and Insurance Board (WSIB). A key element in the Tribunal’s reasoning was its finding that the extensive delay did not place the employer at a disadvantage. According to a WSIB file memorandum, the employer’s account became inactive because the business ceased operations around the time the original decision was made. Read the full story at https://lnkd.in/gGad3bCk #HR #WorkplaceInjury #WorkersCompensation

The Workers’ Compensation Appeal Tribunal (WCAT) has denied a nurse’s claim for compensation for a mental disorder under section 135 of British Columbia’s Workers Compensation Act. It found that the events the worker cited between October 2022 and February 2023 did not amount to “significant work-related stressors” as required under the statute, and some incidents fell within employer decisions that are excluded from compensation coverage. Read the full story at https://lnkd.in/gPRkgbn9 #HR #MentalHealth #Nurses #WorkersCompensation #HumanResources

Workplace harassment and trauma require thoughtful and effective management. When an employer fails to respond appropriately, it can lead to significant legal and financial consequences. A recent arbitration decision involving OPSEU and Ontario's Ministry of the Solicitor General highlights this, as the arbitrator ruled that poor management of workplace harassment and trauma does not fall under WSIA protections. Instead, it opens the door to damages, emphasizing the importance of handling such situations with care and diligence. See the full story at https://lnkd.in/gGwqdhUd #HR ##LabourLaw #Arbitration #MentalHealth #WorkersCompensation

An arbitrator in Manitoba has rejected a union’s claim that Shared Health failed in its duty to accommodate a pregnant paramedic’s medical restrictions. Arbitrator Kristin L. Gibson dismissed the grievance brought forward by the Manitoba Association of Health Care Professionals (MAHCP), finding that Shared Health made “reasonable” efforts to identify suitable duties for a pregnant primary care paramedic who required “light duties” during her pregnancy. Read the full story at https://lnkd.in/eiR3va2d #HR #Arbitration #LabourLaw #Accommodation #Pregnancy #Paramedics

A recent Nova Scotia Labour Board decision highlights the importance of clear policies and evidence when navigating employment disputes. A former lab technician at Dalhousie University’s Senescence, Aging, Infection & Immunity Laboratory alleged unpaid overtime and other breaches under the Labour Standards Code. The board, however, dismissed the complaint, citing insufficient evidence to prove that the employer required overtime or violated labour standards. The ruling underscores the need for employees to follow formal processes, such as obtaining pre-approval for overtime, and for employers to maintain clear communication and documentation around workplace expectations. Read the full story at https://lnkd.in/ef-pPh4B #HR #UnpaidOvertime #EmploymentLaw #LabWorkers #HumanResources