Workplace Wire

Connecting employers to developments in labour, employment & pension law

No Evidence, No Dice: Drug Addiction Self-Assessment Not Enough

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Terminating a unionized employee for substance abuse in the workplace is tricky, considering the duty to accommodate and the traditional mitigating factors arbitrators will consider when determining whether termination is an appropriate response (length of employment, discipline record, remorse, etc). A recent arbitration decision might bring some comfort to employers. In Vale (Manitoba Operations) v….

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Ontario Court of Appeal Clarifies Test for Discrimination Under the Human Rights Code

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In Peel Law Association v. Pieters, the Ontario Court of Appeal affirmed that the test for finding prima facie discrimination under the Ontario Human Rights Code does not require that the discrimination was intentional.  The Court set aside a decision of the Divisional Court and reinstated a decision of the Ontario Human Rights Tribunal, which…

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