According to the Ontario Court of Appeal, when the Workplace Safety and Insurance Board (WSIB) charges a worker for “wilfully failing to inform the Board of a material change,” the WSIB must prove a wilful act, and, moreover, that a worker intended to obtain WSIB benefits to which he or she is not entitled to. . . . [more]
A British Columbia Arbitrator recently held in a preliminary award that an employee who reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.
The Ontario Superior Court of Justice recently found that the communications and conduct of the employer’s lawyer regarding sexual harassment investigation were not privileged and could be referred to in the employee’s Statement of Claim in the litigation against the employer
A long-service employee (employed since 2002), while being placed on a performance improvement plan (PIP), raised allegations that her supervisor was bullying and sexually harassing her. In response, her employer:
Following a fatal workplace accident, the Alberta Court of Appeal provided a more comprehensive framework for the actus reus requirement of the general duty provision in Alberta’s Occupational Health and Safety Act (OHSA) and clarified that the mere occurrence of a workplace accident does not prove the employer committed a violation.
During a “tripping out” procedure on December 20, 2010, at an employer’s drilling rig, an employee suffered a workplace accident and died from blunt cranial trauma and multiple cranial . . . [more]
The Administrative Labour Tribunal in Quebec recently held that an employer cannot terminate a worker with a criminal conviction for acts of sexual abuse as it constitutes discrimination based on criminal records. Moreover, the nature of the criminal offence does not automatically justify the dismissal of an employee. . . . [more]
The Ontario Superior Court of Justice recently held that the continued receipt of long-term disability benefits can legally frustrate an employment contract. . . . [more]
The Nova Scotia Court of Appeal clarified that stress from a workplace investigation is a non-compensable workplace event. . . . [more]
In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]
In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]
Reversing the trial judge’s decision, on April 19, 2018, the Court of Appeal for Ontario concluded that an employee can still benefit from a former employer’s long-term disability coverage despite discovering the disability while working for a new employer. The exclusionary language did not limit the long-term disability coverage to current employees, and was extended by the Court to apply to undisclosed disability claims that arose during employment.
Was the former employer really accountable to provide LTD coverage even after the employee quit? Here’s what happened: . . . [more]
There is a recent article that suggested that implementing a scent-free or fragrance-free environment policy would help employers know if their employee is high at work from cannabis use, and what actions to take when they catch them high at work.
Most people are familiar with smoking dried cannabis in hand-rolled cigarettes, pipes or water pipes-but people can consume cannabis in many forms, including: “vaping”; eaten in cannabis-infused foods called “edibles” (e.g., cooking oils and drinks); applied as oils, ointments, tinctures, cream and concentrates (e.g., butane hash oil, resins and waxes); and of course, ingested as oral pills and oral . . . [more]