Labour Pains

On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017 , S.O. 2017 C.22 . The Bill rece...

Few things in law are certain. Even fewer things in life are certain. In fact, it is said that only two things in life are certain: death ...

Is a woman's miscarriage a “disability” under Ontario’s Human Rights Code ? Based on the media headlines following a decision by the ...

What will be the court’s censure for an employer’s unwillingness to accommodate its employees’ childcare arrangements, except where legit...

New Year’s Eve is a time of resolution making. Most people take this time to reflect on the year past and look ahead to what they wish to...

Earlier this year I wrote about a decision of the Public Service Labour Relations and Employment Board (“PSLREB”), in which Member Augustu...

Are work requirements that impact on an employee’s breastfeeding schedules discrimination and, if so, are they discrimination on the basis...

There is a saying in law that “bad facts make bad law.” Of course, the opposite is also true; good facts make good law. In a clear demonst...

Many people who get fired while pregnant, on maternity or disability leave assume that the Human Rights Tribunal of Ontario (“HRTO”) is t...

On May 2, 2014, the Federal Court of Appeal confirmed that employers have a legal obligation to accommodate their employees' “childca...

(c) istock/PIKSEL Does a pregnant woman have the legal right to refuse to work in an environment that is unsafe to her as a pregnant w...

Can someone who gets fired shortly after returning from maternity leave receive Employment Insurance (EI) benefits? The short answer is...

After years of waiting, the first decision from an Ontario Superior Court judge to award damages pursuant to section 46.1 of the Ontario H...

Is the right to be reinstated after pregnancy leave absolutely guaranteed? According to a recent decision from an adjudicator appointed u...

Is a pregnant woman entitled to a greater amount of notice of her dismissal than other employees? Does firing an employee while she is preg...

Must an employer provide an employee absent from work (whether for disability reasons or on account of maternity leave) with actual cash ...

Is the Human Rights Tribunal of Ontario (“HRTO”) an appropriate body to decide whether a woman was fired for “legitimate business reaso...

For a great number of working women it is one of the single greatest concerns, “Can I be fired for being pregnant?” There are, at least, n...

On January 31st, 2013, a Federal Court judge affirmed a 2010 ruling of the Canadian Human Rights Tribunal that said that employers have a ...

Do employers owe a duty to accommodate parents returning from parental leave?