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

Uber Can’t Unfairly Deny Workers Access to Canadian Justice

That doesn’t seem like a shocking proposition, but Uber fought up to the Supreme Court of Canada to argue Canadian courts had no jurisdiction to determine whether it had acted improperly. The Supreme Court of Canada said Uber was wrong. Now a major class action on behalf of drivers can go ahead. Uber thought it had covered itself when it required drivers to agree that they had to make any... Read More

TOP 5 Reasons Why Long Term Disability Benefits are Denied

It’s not unusual for Long Term Disability (LTD) benefits to be denied, and there are various reasons why this may happen. Below are the top five reasons why Long Term Disability benefits are denied to those who are either mentally or physically unable to work. Insufficient medical evidence LTD denials by the insurance company can happen at the beginning of the application process because the applicant or the applicant’s doctor... Read More

Court grants injunction to ensure nurses have access to personal protective equipment

The COVID-19 pandemic gave most Canadians a renewed understanding and appreciation for the essential, life-saving work performed by healthcare professionals. However, early on in the crisis, this appreciation felt empty to many workers who were being denied access to adequate personal protective equipment (PPE) and other measures to protect themselves and their patients. One particularly stark example led the Ontario Superior Court to take the very rare step of intervening... Read More

Foodora flees from Canada amid union drive

We are now months into the COVID-19 pandemic, and it can feel at times like we are living in a completely different world. One can wonder whether life will ever be the same. It appears, however, there are some things that never change—as Foodora couriers in Canada learned recently, one of those things is the lengths to which some employers will go to avoid a union drive. Foodora has unceremoniously... Read More

Eight Frequently Asked Questions About Booking Vacation During a Pandemic

Many workers have had their vacation plans put on hold by the COVID-19 pandemic, but still have vacation time to use. Here are the answers to some of the most frequently asked questions about taking vacations with pay. How much vacation does my employer have to give me? Your employment contract and any applicable employer policies may outline your vacation entitlements. If you’re a unionized worker, check your collective agreement.... Read More

Missed Deadline to Apply for LTD Benefits. Now what?

Have you missed the deadline to apply for long term disability (LTD) benefits? There might still be a recourse available. What does the law say? Law makers realized that in some cases, claimants will miss the deadline to apply for LTD benefits even though they acted reasonably. A late claim could be devastating for individuals who can no longer return to work and are denied benefits. Many provinces have enacted... Read More

Ontario Court of Appeal Rules Termination Provisions Must be Read Together

In a decision released June 17, 2020, the Ontario Court of Appeal has ruled that if any element of a termination provision in an employment contract runs afoul of the Employment Standards Act, the whole termination provision is invalid. In Waksdale v. Swegon North America Inc. the Plaintiff sued his employer after he was dismissed with two weeks’ pay in lieu of notice following eight months of service. The Plaintiff’s... Read More