You don’t need to wait for the pandemic to end to unionize your workplace

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. Although we may live and work in “unprecedented” times, your rights to unionize your workplace have not changed. In several cases across the country, labour relations boards have rejected employers’ claims that the COVID-19 pandemic is no time to unionize. Even where it is unsafe to hold an in-person vote, the staff was laid off, or the... Read More

Morgan Rowe Presents on Returning to Work During COVID-19

On August 19, 2020, Morgan Rowe will present a seminar on returning to work during the COVID-19 pandemic. Morgan will discuss employees’ rights while returning to work, with a specific focus on the disability rights of employees and their family members. The workshop is presented by Reach Canada. Reach provides educational programs and independent legal referral services that address the rights and interests of persons with disabilities Pre-registration is required... Read More

No Intent Is Necessary for Systemic Pay Discrimination – A Closer Look at the Midwives Case

Ravenlaw gratefully acknowledges the contribution of this post by articling student Claire Michela. Regulated in Ontario since 1993, midwives are an overwhelmingly female-dominated profession represented by their Association of Midwives (AOM). Regulation was a proud moment for midwives, as it was a public recognition of their contributions to Ontario’s health care system. Recently, the Divisional Court found that the Ministry of Health (MOH)’s decision to raise the wages of midwives... Read More

Family Care Obligations and Working from Home

The implementation of physical distancing measures in the face of the global COVID-19 pandemic has raised a number of issues for workers with family obligations. Many workers are now being asked to work from home on a regular basis. At the same time, schools and childcare institutions have been closed and are only in the process of reopening, with the future success of these efforts remaining uncertain. Other workers face... Read More

The Coronavirus Pandemic Exposes Precarious Employment in Canada

The COVID-19 pandemic, its economic impact, and the recent protests regarding the systemic oppression of people of colour have all highlighted the need for robust protections for workers in Canada. As protests continue around the world, we must reflect on systemic racism in Canada. Throughout Canadian society, structural inequalities create vulnerability that manifests in precarious employment. Precarious employment has many definitions, but generally references employment that is uncertain, low paying,... Read More

What a Non-Disparagement Clause Really Means

If you’ve settled, or are in the process of settling, a legal case against your employer, you may have been asked to agree to what lawyers call a “non-disparagement clause”. These clauses come in many different forms but at their core, they all ask the individual employee to agree, going forward, not to “disparage” their employer or former employer. In fact, some go further and also prohibit individuals from disparaging... Read More

Can I get workers’ compensation for an injury while working from home?

News publications have officially declared the “death of the office”, as most of us adjust to the realities of working from home. While working from home, often referred to as telework or telecommuting, had been steadily increasing in recent years, the amount of people working from home has obviously exploded in response to the COVID-19 pandemic. With unprecedented numbers of employees working from somewhere other than their employer’s physical premises,... Read More

Tribunal Confirms Requirement to Appoint Independent Investigator in Workplace Violence Complaints

A federal employer is required to appoint a competent person to investigate a workplace violence complaint, even if it believes the allegations in the complaint do not relate to or amount to workplace violence, according to a recent decision the Occupational Health and Safety Tribunal of Canada. In this case, the worker had suffered through an accommodation process that he felt was inadequate. He believed that representatives of the employer,... Read More

Job Protected Leaves and Covid-19

Ravenlaw gratefully acknowledges the contribution of this post by summer student Emily McBain-Ashfield. Asked to work but feeling ill? Your job is protected As some regions in Ontario enter Phase 2 of re-opening, more people will be asked to return to work. If you are one of those people being asked to return to work, you may be wondering: what will happen to my job if I feel sick, but... Read More

Shaving Your COVID-19 Beard ― Can Your Employer Make You Do It?

Men who grew a beard during the pandemic while working from home or out of work may be asked to shave it off when they re-enter the workplace. Whether your boss can force you to shave your facial hair depends on the type of work you do, your personal circumstances, and, in many instances, whether you are unionized. Is your employer concerned about safety or appearance? Employers have policies against... Read More