Labour/Employment
Heenan Blaikie analyses CSA's "Standard for Psychological Health and Safety in the Canadian Workplace"
In a November 3, 2011 post I reported that the Canadian Standards Association was commencing consultations on the development of a voluntary "National Standard of Canada for Psychological Health and Safety in the Workplace".
Two lawyers at Heenan Blaikie - Cheryl A. Edwards and Shane Todd - have now published a detailed analysis of the standard that can be found here: "National Standard for Psychological Health and Safety in the Canadian Workplace Released".
The analysis was published the firm's January 24, 2012 OHS & Workers Compensation Management Update publication.
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 »
