Come On, Let’s Celebrate! Employers’ Obligations to Accommodate Religious Holiday Leaves

Canada is touted as a multicultural country and the home of many religious groups, but it is still the case that the two statutory religious holidays in Ontario – Christmas and Good Friday – belong to one faith tradition. If you are a mid to large-sized employer it is very likely that some of your staff will celebrate different holidays and make leave requests at different times of the year. As workplaces become more diverse, employers should be mindful of the Ontario Human Rights Code (the Code) and its prohibition of discrimination on the basis of religion or creed, a protected ground under the Code. Employers should also be aware of the Code obligations regarding religious accommodations. With Diwali coming up, it seems like a great time to review these responsibilities!

Read More

Cast Your Vote…During Working Hours

Did you make it out to the polls this Thanksgiving weekend for the advanced voting days? Not to worry if you didn’t because there is still time – the Canadian Federal Election is on Monday, October 21, 2019! Voting hours will vary depending on your time-zone but all polls will be open for a 12-hour stretch.

Employee Rights on Election Day

Voting is often described as a person’s “civic duty” so it is no surprise that the legislature considered the importance of having provisions in the Canada Elections Act (the “Act”) that speak to the employee’s right to cast their vote during the workday.

Section 132(1) of the Act states that an employer must provide their employees with “…three consecutive hours for the purpose of casting his or her vote.” While casting one’s ballot usually only takes a few minutes, employees who do not live near their office may need more time. Employers can decide when to permit their employees to take this designated voting time. Employers cannot deduct an employee’s pay or otherwise penalize an employee for taking time off to vote.

Read More

Another One Bites the Dust – Mass Closures and Employer Responsibilities to Employees

Another large fashion retailer has fallen out of style with consumers, closing its doors for good across Canada. Last Sunday, Bradley Sell, the Chief Financial Officer of the Canadian subsidiary Forever XXI ULC (“Forever 21 Canada”), announced that all 44 of its Canadian stores would be closing. Sell cited economic viability as the primary reason for the Canadian closures. Approximately 2,000 employees will lose their jobs as a result. The Ontario Superior Court has granted the company protection from its creditors under the Companies’ Creditors Arrangement Act (CCAA).

ESA Requirement Upon Mass-Termination

While filing for bankruptcy can offer an employer an opportunity to restructure its operations without the looming specter of insurmountable debt, bankruptcy is not a “get out of jail free card” for employers.  In Ontario, under the Employment Standards Act (the “ESA”) employers must provide enhanced benefits to employees who have been terminated via a “mass termination.”

Read More

Workplace Sexual Harassment in the Entertainment Industry

The recent trailer for the upcoming film Bombshell depicts a hauntingly quiet elevator ride between three women who, we will soon discover, have something awful in common. The film, which will be released in December, is based on the real-life sexual harassment case against the founder and former CEO of Fox News, Roger Ailes. The women who are at the heart of this film, were employed at Fox News and brought forward the allegations against Ailes.  

Workplace Sexual Harassment in the Entertainment Industry

The topic of workplace sexual harassment is now at the center of most discussions around workplace safety and workplace culture, but it would be naive to presume that all workplaces are safer since the Me Too movement gained steam in 2017.

Certain workers, by nature of their professions, are in a particularly difficult position with regard to workplace sexual harassment. While the Me Too movement has made a very deliberate attempt to expand its outreach beyond the entertainment and media industry, often making the point that harassment occurs in all industries, individuals who work in entertainment and media do face particular vulnerabilities.

Read More

Accessible Canada Act – The Act to Ensure a Barrier Free Canada

Canada has just passed a new law to strengthen accessibility for people with a disability in federally regulated workplaces and organizations.

The Act to Ensure a Barrier Free Canada, also known as the Accessible Canada Act (the “Act”), came into force on July 11, 2019 and aims to create a “Canada without barriers” by the year 2040. A similar legislation – the Accessibility for Ontarian with Disabilities Act – exists in Ontario and aims to achieve this goal by the year 2025. 

The new Act will require organizations under federal jurisdiction to develop accessibility plans that account for the various barriers people with disabilities face in their built environments, when accessing services in the public, and in their employment. 

This Act will apply to the federally regulated private sector, the Government of Canada and Parliament. The Act’s primary mandate is to address accessibility issues in a proactive manner, by removing barriers before they create harm. This is significant given that a reactive response, through the human rights litigation process, has been the only impactful way to address these issues for over four decades. 

Read More

Workplace data theft – Protect your company with best practices

The Capital One Data Breach has been big news lately, and for good reason. It’s a big deal. This breach compromised the data of over 100 million Capital One customers. Instead of a shadowy overseas hacker or a creepy crawler from the dark web, the hacker was a former employee of the cloud hosting company through which Capital One stored their data (unconfirmed, but likely Amazon Web Services). She hacked through Capital One’s firewall to access information stored on the Amazon cloud. See women can be hackers too! This particular woman is now in US federal custody. 

Allegedly, Capital One configured a web app incorrectly, which created the vulnerability through which the hacker was able to access the server and the data. 

This situation is a nightmare for all involved – the customers, Capital One, and perhaps Amazon – and serves as a good opportunity for us to remind users about data security and workplace privacy. 

Read More
Back To Top