In this article, we explore five notable cases from 2024 and the key lessons they offer for employers navigating human rights and accommodation issues in the workplace.
This year brought more cases about termination clauses, the employer’s duty to provide a safe working environment, the duty to handle employee terminations with sensitivity and in good faith, fixed-term contracts, and more.
2024 brought some interesting arbitration decisions addressing a wide range of workplace issues, from mandatory vaccination policies and employee privacy rights to workplace misconduct and the limits of arbitral jurisdiction. This article highlights a few we thought were worthy of mention.
An employer failed to protect an employee from assault and sexual harassment in the workplace, and then terminated her employment when she could not return to work due to related mental health disability.
An employer’s promise of confidentiality may not protect complaint or investigation documents from disclosure in court proceedings.
An employer’s delay in imposing discipline for alleged sexual harassment does not necessarily render the discipline null and void.
Two recent cases emphasize the critical importance of procedural fairness in workplace investigations.
OLRB clarifies employer obligations: Workplace investigation outcomes must specify respondents found guilty of harassment and outline corrective actions taken.
Workplace investigations are now ubiquitous for Ontario employers. It is not surprising that litigation about the investigation process is increasing. In this…
