Workplace Wire

Connecting employers to developments in labour, employment & pension law

Workplace Wire Has a New Look!

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We are pleased to announce the relaunch of the Workplace Wire blog to give our readers a more user-friendly experience. The clean, modern design is easier-to-navigate and the core features, services and resources of the blog are displayed prominently for easy access. Understanding that our readers are consuming information on a variety of devices, including…

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Duty to Mitigate Includes Obligation to Accept Recall from Layoff

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Boardroom

At the end of 2011, we wrote about the case of Maclean v. The Raywal Limited Partnership. In that case, the Superior Court confirmed that an temporary layoff by an employer constitutes a termination of employment under the common law. Although a recent Superior Court case has questioned this principle (which we will write about shortly), McLean confirmed a commonly…

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Terminated Transgendered Employee Awarded $22,000 and 8 Months Back Pay by HRTO

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The Ontario legislature added “gender identity” and “gender expression” as prohibited grounds of discrimination to the Human Rights Code (the “Code”) in the summer of 2012. The Human Rights Tribunal of Ontario (“HRTO”) had previously recognized discrimination against transgendered-people to be prohibited on the basis of “sex”, thus theCode amendments were seen by many to be largely symbolic…

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Human Rights and Temporary Foreign Workers: Tribunal Reviewing Death of Foreigner

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The Ontario Human Rights Tribunal is in the midst of hearing a case involving a Jamaican citizen who died while working in Canada as a temporary agricultural worker. The worker died in August 2002 after a farm skid fell on him.  At the time of his death, he was working for a tobacco farm just outside of Brantford,…

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