Privacy Rights and the WSIB

Can an employer of a worker receiving WSIB benefits obtain access to that worker's personal information and medical records?

In a case decided earlier this year by the Ontario Divisional Court, Lambton Kent District School Board v. Workplace Safety and Insurance Board, 2013 ONSC 839 (CanLII), the answer would appear to be not unless the worker consents.

Are Random Drug and Alcohol Tests Legal?

A controversial and contentious area of workplace law concerns the issue of random drug and alcohol testing. It is important to note that the Ontario Employment Standards Act, 2000 does not specifically address the issue, thus leaving the issue to labour boards, courts, and the Human Rights Tribunals.

How to Tell if an Ontario Worker is a Construction Employee

There are exceptions to every rule. For example, not all workers in Ontario are covered by all aspects of Ontario’s employment laws. Some workers’ rights, for example bank employees and those who work for airlines, are governed by the Canada Labour Code. In other cases, even those who are generally covered by the Ontario Employment Standards Act, 2000 are not covered for all aspects.

One such exemption is with respect to “construction employees.” However, sometimes determining whether a worker is a “construction employee” is more complicated than it may initially appear.

What is the Maximum Amount of Reasonable Notice Under Ontario Law?

What is the maximum amount of reasonable notice, also referred to as severance, to which an employee dismissed in Ontario can be entitled under Ontario employment law? As at least one observer has asked, is the sky now the limit? See: Reasonable notice: The sky’s the limit?

The question was asked following the 2012 decision of the Ontario Superior Court in Abrahim et al v. Sliwin et al, 2012 ONSC 6295 (CanLII), in which the Honourable Justice Douglas Gray held, on an undefended default motion that, “I fail to see how a cap of 24 months, or indeed any maximum, is appropriate.”

It is Justice Gray’s decision that perhaps no maximum is appropriate that has led some to question that perhaps the sky is indeed now the limit.

Single, Childless Employees Have Human Rights Too

In a provocative article in today’s Washington Post, “Single, childless and want work-life balance? How taboo” columnist Jena McGregor argues that it is unfair for single, childless employees to be expected to carry the weight for employees with child care obligations.

It is unclear whether Ms. McGregor is aware of the recent Canadian Federal Court decision, which held that child care obligations are the sine qua non of “family status,” a protected ground on which employers cannot discriminate. If she was aware, she does not make reference to it. But the article does permit a consideration of the concerns that that decision raised.

Can I be Fired for Being Pregnant?

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, nine questions embedded in that question:

1. Can I be fired for getting pregnant?
2. Can I be fired for being pregnant?
3. Can I be fired for taking pregnancy or parental leave?
4. What about my benefits while I am on leave?
5. What about my seniority?
6. Can I be fired while on pregnancy leave?
7. Can I be fired after returning from pregnancy leave?
8. How much severance should I get if I am fired?
9. What about EI?

While this blog has previously canvassed the topic of an Ontario woman’s rights in employment, (Fired After Maternity Leave and Are New Parents Entitled to Accommodation) this post will attempt to bring together, in one place, some comprehensive answers to this question of labour.

Expect Privacy? Put a Password on It.

This blog, as well as other employment law blogs, heralded the Supreme Court of Canada’s decision in R. v. Cole as a watershed moment for defining an employee’s rights to privacy with employer-provided technology.

However, as our friends at the criminal defence bar are quick to point out, Cole was a criminal case, decided mostly with reference to the Canadian Charter of Rights and Freedoms’ protection of the right to be secure from unreasonable search and seizure.

Last week the Court of Appeal for Ontario released another decision concerning Charter rights, and the right to search technology, R. v. Fearon, 2013 ONCA 106 (CanLII), and again, this employment lawyer cannot help but give it consideration notwithstanding the fact that it is, strictly speaking, a criminal decision.