Gabriel Granatstein

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Federal Government’s 2017 Budget Proposes Changes to Maternity and Parental Leave

By Gabriel Granatstein on April 4, 2017 Posted in Canada

The Liberal Government’s 2017 federal budget (“Budget 2017”) proposes changes that affect maternity and parental leaves and associated Employment Insurance (“EI”) benefits. Currently, EI combined parental and maternity benefits are available at the benefit rate of 55 per cent over a period of up to 12 months. Budget 2017 proposes that this option continue to … Continue reading

Testing the limits of reasonableness: Alberta Court quashes arbitration decision on random drug testing.

By Gabriel Granatstein on June 26, 2016 Posted in Canada, Contracts, Discrimination and harassment

In the recent decision of Suncor Energy Inc v Unifor Local 707A, 2016 ABQB 269 [Suncor] the Court of Queen’s Bench found that an arbitration board’s decision was unreasonable and sent it back for rehearing by a fresh panel. The decision stems from the implementation of a random drug and alcohol testing policy in 2012. … Continue reading

To name or not to name, that is the question…

By Gabriel Granatstein on February 18, 2016 Posted in Canada

Surprisingly, name tag policies have become the subject of recent litigation and labour board decisions on the topic have been hitting the news. However, the resulting litigation still leaves room for debate. In the recent decision of Prairie North Health Region v Canadian Union of Public Employees, Local 5111, an arbitration board in Saskatchewan held that the policy … Continue reading

Altering Outdated Job Description & Constructive Dismissal

By Gabriel Granatstein on February 16, 2016 Posted in Canada

Constructive dismissal occurs when an employer substantially alters, without the employee’s consent, an essential term of the employee’s contract of employment. This can give rise to litigation and financial liability for an employer. However, for a unilateral change by an employer to constitute constructive dismissal, the change must be a fundamental one going to the … Continue reading

Go-Karting Gone Awry in Ontario – Paid Volunteer can still sue Race Track for injuries

By Gabriel Granatstein on February 13, 2016 Posted in Canada

In what may be considered a particularly rare occasion, the Ontario Court of Appeal has addressed an employment law issue in the context of Go-Kart racing. In this case, the appellant volunteered to be a “race director” for a Go-Kart race, for which he received a small stipend. When a Go-Kart driver crashed into hay … Continue reading

When the (Ministry of Labour) inspector comes knocking…

By Gabriel Granatstein on January 25, 2016 Posted in Canada

The Toronto Star recently reported that the Ontario Ministry of Labour found 238 employment standards violations in an “inspection blitz” of 304 employers in the cleaning, recreational and security industries. Almost every employer who was found to be in violation of these standards voluntarily rectified their respective issues. This is an important reminder of both … Continue reading

The News about Noise Regulation in Ontario

By Gabriel Granatstein on January 19, 2016 Posted in Canada

Under the Ontario Occupational Health and Safety Act (OHSA), there have been a number of noise regulations for specific industries, but there had not been comprehensive noise regulations. A new regulation, Regulation 381/15: Noise was approved last month which will extend the noise protection requirements to all workplaces covered by OHSA. Previously, noise was regulated within … Continue reading

“I forgot my Doctor’s Note” – Timeliness of Medical Excuses for Workplace Absences

By Gabriel Granatstein on January 12, 2016 Posted in Canada, Discrimination and harassment

When does an employee have to provide a Doctor’s note to excuse a workplace absence? After the absence, during or before? A recent labour arbitration case provides some guidance: According to a provision in the collective agreement in this case, an employee could be fired if he or she was absent for more than three … Continue reading

Investigating Workplace Violence under the Canada Labour Code

By Gabriel Granatstein on January 4, 2016 Posted in Canada, Discrimination and harassment

What responsibilities does a federal employer have to appoint a competent person to investigate a complaint of work place violence under the Canada Labour Code? The Federal Court of Appeal recently released Canada (Attorney General) v. Public Service Alliance of Canada (PSAC), a decision which elaborates on this duty. In PSAC, the court was faced … Continue reading

Human Rights and Independent Contractors in Ontario

By Gabriel Granatstein on December 21, 2015 Posted in Canada, Discrimination and harassment

When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply. A recent decision of the Human Rights Tribunal reiterates the fact that discrimination and harassment can be found “with respect to employment” even in the absence of a traditional employer-employee relationship. The decision dealt … Continue reading

Changes to the Workplace Safety and Insurance Act in Ontario

By Gabriel Granatstein on December 15, 2015 Posted in Canada

There are many rules and regulations that employers must follow to ensure workplace safety. The Ministry of Labour has just announced new rules relating to the Workplace Safety and Insurance Act (the “Act”), which make it even more important for employers to be aware of and comply with all of the rules contained within the … Continue reading

Ontario Court of Appeal accepts that the duty to mitigate is not unlimited

By Gabriel Granatstein on December 8, 2015 Posted in Canada

How far does a wrongfully dismissed employee have to go to mitigate his or her losses? The Ontario Court of Appeal recently held that an employee is not required to accept employment that is not comparable with the employee’s previous job, having regard to the position’s status, hours and remuneration. In this decision, the plaintiff … Continue reading

Keep it Fresh: Consideration in Employment Contracts

By Gabriel Granatstein on December 1, 2015 Posted in Canada, Contracts

Employers will often have employees sign employment agreements after they start working. This can be very problematic in the long run, as highlighted by the Ontario Court of Appeal in Holland v Hostopia.com. In Holland v Hostopia.com, the employee accepted a written job offer, which contained a statement that he would have to sign an … Continue reading

Successor Rights: When you buy a business, does the union come with it?

By Gabriel Granatstein on November 26, 2015 Posted in Canada

A purchaser looking to buy an existing business usually considers factors such as the potential target company’s market share, product or service offerings, goodwill, and overall profitability. But one factor that must not be forgotten is the employees. In particular, if the vendor’s workforce is unionized, there are significant labour relations consequences that flow from … Continue reading

When will a court to find that two entities are a “common employer”?

By Gabriel Granatstein on November 25, 2015 Posted in Canada

The “common employer doctrine” recognizes that an employee can have a number of employers. The doctrine has the effect of preventing an organization from arranging its corporate structure in way that attempts to circumvent its legal obligations to its employees. The common employer doctrine comes into play when an employee seeks damages for wrongful dismissal … Continue reading

Sale of Business in Ontario Under the ESA

By Gabriel Granatstein on November 20, 2015 Posted in Canada

Historically, it was well established at common law that the sale of a business severed the employment relationship between the business that was being sold and the employee. The rationale behind this common law principle was the protection of an individual’s autonomy. The courts rejected the idea that workers could be bought and sold. However, … Continue reading

Freedom of Association and the Ontario Medical Association

By Gabriel Granatstein on November 4, 2015 Posted in Canada

Last week, the Ontario Medical Association (“OMA”) challenged the constitutionality of the provincial government’s decision to cut fees for doctors. The OMA is relying on section 2(d) of the Charter of Rights and Freedoms (the “Charter”) which expressly protects freedom of association – a right most often invoked by trade unions. The organization is seeking … Continue reading

Halloween and human rights in the workplace

By Gabriel Granatstein on October 29, 2015 Posted in Canada, Discrimination and harassment

Office Halloween parties and costume contests are a fun way to celebrate this time of year. However, offensive costumes will ruin the fun and, more importantly, could even result in a human rights complaint, the consequences of which are likely to haunt an employer long after October 31st. In Ontario, the Human Rights Code entitles … Continue reading

Ontario Ministry of Labour targets unpaid internships in its latest blitz

By Gabriel Granatstein on October 21, 2015 Posted in Canada

The Ontario Ministry of Labour (“MOL”) recently announced that it is undertaking an enforcement blitz focusing on unpaid internships. Between now and December 31, 2015, employment standards officers from the MOL will be visiting workplaces that have internship programs to ensure compliance with the Employment Standards Act, 2000 (“ESA” or “the Act”). In particular, the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace- Part 3

By Gabriel Granatstein on October 14, 2015 Posted in Canada, Discrimination and harassment

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In the first post, we introduced the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace – Part 2

By Gabriel Granatstein on October 5, 2015 Posted in Canada, Discrimination and harassment

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In last week’s post, we introduced the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace – Part 1

By Gabriel Granatstein on September 30, 2015 Posted in Canada, Discrimination and harassment

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In this multi-part series, the Policy will … Continue reading

Notice Entitlements under the Bankruptcy and Insolvency Act

By Gabriel Granatstein on September 24, 2015 Posted in Canada, Contracts

When a company files for bankruptcy, employees are faced with uncertainty on a number of issues. Everything from outstanding wages to benefit entitlements are suddenly at risk. Further, when a company becomes insolvent, employees are often laid off in circumstances that fail to satisfy statutory or common law notice period entitlements. However, under the Bankruptcy … Continue reading

Are Probationary Employees Entitled to Reasonable Notice?

By Gabriel Granatstein on September 21, 2015 Posted in Canada, Contracts

Probationary periods serve an important role in ensuring that employers hire the right person for the job, but what are an employer’s legal obligations when terminating a probationary employee? Specifically, if an employer ultimately decides to terminate a probationary employee, is that employee entitled to reasonable notice of his or her dismissal? Unfortunately, there is … Continue reading