Ontario HR Tribunal dismisses human rights application where employee also filed wrongful dismissal court claim
In Jarrett v. Vance, 2012 HRTO 24, the Ontario Human Rights Tribunal dismissed a human rights application where the employee had also filed a wrongful dismissal claim in court.
In reaching this decision, the Tribunal stated:
I am satisfied that the applicant's Statement of Claim and this Application are based on the same facts and that both assert the same type of allegations, as well as seek similar remedies. In fact, the applicant's narrative in both the Application and the Statement of Claim are virtually identical. While the Statement of Claim makes no explicit reference to the Code, it is clear that the applicant's allegations concern the same events that are alleged to constitute discrimination and reprisal in the Application and that both assert the same rights with respect to unfair dismissal and failure to provide work read more »
Nova Scotia issues "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers"
The Nova Scotia Department of Labour and Advanced Education issued a "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers" on January 16, 2012.
The Introduction of the paper states:
In June 2010, the government conducted a broad consultation on the employment of foreign workers (FWs) in Nova Scotia. Following the consultation, on May 19, 2011, the Government passed the Worker Recruitment and Protection Act, which amends the Labour Standards Code. Included among the amendments to the Code is a prohibition against charging workers (both FWs and non FWs) recruitment fees and a prohibition against recovering recruitment costs from workers. These prohibitions are now in force. read more »
Ontario Court of Appeal recognizes tort of invasion of personal privacy in case involving two BMO employees
In a decision issued on January 18, 2012 - Jones v. Tsige, 2012 ONCA 32 - the Ontario Court of Appeal recognized the tort of invasion of personal privacy in case involving two BMO employees.
The court then awarded $10,000 in damages to the employee whose privacy has been breached.
For more background on this case, see my May 9, 2011 post here: "Ontario Court of Appeal to consider tort of invasion of privacy in work context case".
Court considers right to terminate disability benefits for failure to attend Independent Medical Exam
In Nayyar v. Manufacturers Life Insurance Company/La Compagnie D'Assurance Manufactures, 2012 BCSC 28, the BC Supreme Court considered the right of the employer/disability plan administrator/insurer to terminate an employee's disability benefits for failing to attend an Independent Medical Exam ("IME").
Of specific value is this overview of the law on IME's that the court set out:
[120] Given the continuing nature of a claim under a disability policy, an insurer is entitled to information concerning the insured in order to properly assess the claimant's ongoing entitlement to receive disability benefits: Paul Revere Life Insurance Company v. Patterson, 2002 BCSC 138 (CanLII), 2002 BCSC 138 at para. 12, 99 B.C.L.R. (3d) 189. read more »
Federal government abolishes mandatory retirement except where it is bona fide occupational requirement
The federal government has abolished mandatory retirement in federally regulated workplaces except where it is a bona fide occupational requirement ("BFOR").
For more on this development, see:
- this article by Michelle S. Henry at Borden Ladner Gervais: "Elimination of Mandatory Retirement for Federally Regulated Employees (December 2011)"; and
- this article by Ralph N. Nero and Keri L. Bennett at Faskens: "Another Gong Sounds for the End to Mandatory Retirement" (January 11, 2011).
And this is the text of a news release issued by the Canadian Human Rights Commission on December 16, 2011:
Government of Canada Strikes Down Mandatory Retirement read more »
Federal government: parents who commit to adopt children in their care are eligible for EI parental benefits
The federal government announced yesterday that parents who commit to adopt children in their care will be able to get Employment Insurance (EI) parental benefits.
The government's news release also stated:
- In recognition that adoption programs vary by province and territory, the federal government will now allow parents to be eligible for EI parental benefits as soon as they have taken the necessary steps to adopt the child in their care. This change brings the EI program in line with current adoption procedures.
- Parental benefits under the EI program are provided to parents who qualify to take time away from work to bond with their newborn or newly adopted child or children. A maximum of 35 weeks of parental benefits is available to biological or adoptive parents.
This is the text of the accompanying "Backgrounder":
ENHANCED FLEXIBILITY FOR EMPLOYMENT INSURANCE (EI) PARENTAL BENEFITS WHEN ADOPTING
Adoption and Employment Insurance parental benefits read more »
Advertisement in trade magazine and launching of website establish prima facie breach of non-solicit agreement
In Hub International (Richmond Auto Mall) Ltd. v. Mendham, 2011 BCSC 1780, the BC Supreme Court found that a former employee's advertisement for his new marine insurance company in a trade magazine and the launching of his new company's website established a prima facie breach of the non-solicit agreement he had entered into with his former employer, Hub International.
Specifically, the court stated: read more »
