Searching an employee's workplace computer may not breach the employee's privacy rights in cases where there is a "diminished expectation of privacy," provided the employer has a good reason to conduct the search ...

As we previously wrote about here, on May 13, 2024, the Ontario government introduced Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act...

In Pham v Qualified Metal Fabricators Ltd, 2023 ONCA 255, the Court of Appeal reached two conclusions that are relevant to Ontario employers: (1) the lay-off of some...

Effective March 1, 2019, the Workplace Safety and Insurance Board (WSIB) has instituted a new policy governing benefit entitlement for medical cannabis.

In Toronto District School Board and CUPE, Local 4400 (PR734 COVID-19 Vaccine Procedure), 2022 CanLII 22110 (ON LA), Arbitrator Kaplan concluded that the Toronto District School Board's (the "Board") mandatory vaccination policy...

An Ontario court has found that an employee's refusal to comply with a mandatory COVID-19 vaccination policy can constitute frustration of contract. This is one of the first cases of the COVID-19...

Employers can find themselves defending claims from the same aggrieved worker in multiple legal proceedings as a result of a new Divisional Court decision.

A series of recent Ontario cases confirm that an employment agreement's termination clause is entirely unenforceable if any part of the clause is found to breach...

On August 10, 2019, the Federal Government proposed amendments to the Employment Equity Regulations (the "Regulations") under the federal Employment Equity Act (the "Act").

In cases involving sexual activity between two co-workers, it can be difficult to determine whether a participant is truly consenting or merely acquiescing to the relationship.

The Government of Ontario has followed up this past Monday's employment law announcements (summarized in an earlier Insight) with two further announcements...

In 2024, three of the "Working for Workers" laws were passed and enacted, though not all changes have yet come into force. Each of these bills amended the Employment Standards Act (ESA)...

In Imperial Oil Limited v Haseeb, 2023 ONCA 364, the Ontario Court of Appeal restored a decision of the Human Rights Tribunal of Ontario (the "HRTO"), finding that an employer discriminated against a job applicant...

On November 30, 2021 Bill 27, Working for Workers Act, 2021 was passed by the Ontario Legislature on third reading. At the time of issuing this update, Bill 27 has not yet received Royal Assent.

In such cases, it may be unreasonable for the employer to bear the consequences of the employee's decision to limit their prospects for re-employment.

Given the various avenues of recourse available to aggrieved workers, employers can find themselves defending simultaneous legal proceedings across ...

In a recent trilogy of decisions, the Ontario Court of Appeal held that organizations do not breach the tort of intrusion upon seclusion where they have been subject to a data...

The Occupational Health and Safety Act (the "OHSA") requires employers to investigate incidents and complaints of workplace harassment in a manner that is "appropriate in the circumstances".

A British Columbia Animal Protection Officer lost his job after posting a video of a violent off-duty altercation he had. When his employer launched an investigation, the employee also secretly recorded private...

Effective May 6, 2024, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") introduced significant changes to its pre-hearing procedures that will affect the way employers and workers...