Human Rights Legislation does Not Apply to Partners

In a decision released today, the Supreme Court of Canada has held that British Columbia’s Human Rights Code, RSBC 1996, c. 210 does not apply to equity partners in law firms.

Employers required to train staff under the new Occupational Health and Safety Awareness and Training Regulation

Being July 1st, 2014, every employer in the province of Ontario will need to comply with the Ministry of Labour’s new Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13) under the Occupational Health and Safety Act (OHSA).

As first mentioned by fellow Kelly Santini LLP employment lawyer Shawn O’Connor on the firm’s business law blog Start Up. Build Up. Sell Up. in the post All Employers Required to Train Staff Under New Health & Safety Act, this new legislation may catch many employers off-guard. Past training requirements under the Occupational Health and Safety Act (OHSA) have resulted in employers focusing on employees involved in physical work and the resulting risk of injury. The new legislation states that all employees must receive the minimum required training, including white collar and clerical staff, whom employers might not have associated with having a risk of injury in the workplace.

Federal Court of Appeal Affirms Decision that Employers Must Accommodate Employees' Childcare Obligations

On May 2, 2014, the Federal Court of Appeal confirmed that employers have a legal obligation to accommodate their employees' “childcare obligations” as a component of their duty to accommodate an employee’s “family status.”

In its decisions in the parallel cases of Canada (Attorney General) v. Johnstone, 2014 FCA 110 (CanLII) and Canadian National Railway v. Denise Seeley and Canadian Human Rights Commission the Federal Court of Appeal confirmed that the definition of “family status” in the Canadian Human Rights Act includes “parental obligations.”

Employer Unable to Rely on Company Policy Not Incorporated into Employment Agreement

To what extent can employers rely on internal policies, not incorporated into an employment agreement, for determining employee rights and benefits? According to one decision from the British Columbia Supreme Court, very little.

ONSC: Employee who Lives in Ontario but Worked in Alberta Cannot Sue in Ontario

If you live in Ontario, but move to Alberta for work, can you sue for wrongful dismissal in Ontario if you get fired and then move back? That, essentially, was the question posed in the case of Christmas v. Fort McKay, 2014 ONSC 373 (CanLII).

SCC: Pregnant Women Have the Right to Refuse Unsafe Work Environments

(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 woman? According to a recent decision from the Supreme Court of Canada, concerning a Quebec law, the answer is yes, she does.

BCCA: Refusing to Allow Employee to Work during "Working Notice" is Termination

Has an employee who is ‘walked to the door’ by his employer been fired or has he simply been subjected to a fundamental change in employment?

What if the employee was provided with “working notice” before being escorted to the door? Can someone be both: (a) escorted out of the building, told not to return, and announced as having “left the company”; and (b) an employee of that company at the same time? Or are those two positions mutually exclusive? Those were the question the Court of Appeal for British Columbia was asked to answer in the case of Allen v. Ainsworth Lumber Co. Ltd., 2013 BCCA 271 (CanLII).