Formal Equality vs. Substantive Equality: When Equality Doesn’t Mean Equal Treatment

Happy Black History Month Canada! Black History month has us thinking about equality and what workplaces can do to increase their equality and diversity. We all know by now that diversity is good for business.

The Canadian law, through various devices and broadly speaking, attempts to promote equality and inclusion. A question that often comes up when employers are thinking about increasing diversity in their workplaces is if favouring minorities when hiring is really treating everyone equally. Doesn’t equality mean we treat everyone, black, white and purple the same? Actually, no! Read on. 

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Why You Need An Employee Handbook – The Devil Is In The Details

What’s an Employee Handbook?

An employee handbook is a document where an employer can keep all their policies, procedures and other information an employee needs to have. Often, it forms a part of the employee’s contract, and employees are required to review the handbook and sign their copy to acknowledge their understanding.

Why Do You Need an Employee Handbook?

A good employee handbook sets a business up for success, in terms of setting expectations and managing the workforce. Handbooks give employees the lay of the land.

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Are Changes to Canada’s Privacy Law Landscape on the Horizon?

It looks like 2020 might be the year where Canada catches up in the realm of privacy and data protection laws. These will likely have a ripple effect throughout the workplace.

Mandates Letters

In December 2019, PM Trudeau sent mandate letters to the Minister of Innovation, Science and Industry, the Minister of Justice and the Minister of Canadian Heritage asking them to get to work on enhancing the protection of Canadians’ personal information.

The mandate letters focused on asking the various Ministers to work towards advancing Canada’s May 2019, Digital Charter (“the Charter”). The Charter sets out ten principles intended to address and respond to the impact of the digital revolution on Canadians and the Canadian economy.

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Public Health Emergencies and the Workplace

The Wuhan Novel Coronavirus (or 2019-vCoV) is a public health emergency in Canada with confirmed cases in Ontario. This has led many employers to ask how they should manage their employees’ concerns, while still trying to operate “business as usual”.  On the one hand, employers are obligated to provide a healthy and safe work environment, while on the other, they must respect an employee’s privacy and ensure that their responses to any health or safety concerns do not violate human rights legislation.

Stay Well Informed

Because an employer’s legal obligations continue during a public health emergency, clear and accurate information and communication are vital. Employers should remain informed of the latest public health information and communicate essential information and specific expectations to their employees. For example, relaying the importance of handwashing and hand sanitizing, while maintaining well-stocked supplies for doing so. 

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Recent Changes in Ontario Litigation Forums

On January 1, 2020, changes were implemented to the Simplified Procedure under Rule 76 of the Ontario Rules of Civil Procedure, as well as in Small Claims Court. The changes were brought to increase access to justice for individuals and businesses by reducing the cost of resolving disputes.

New Limit in Small Claims Court

From now on, all claims of $35,000 or less are brought to Small Claims Court, an increase from the previous $20,000 limit. The small claims process is much more streamlined than a proceeding in Superior Court – after pleadings are closed, the parties schedule a settlement conference, and if a matter does not settle, a hearing is scheduled. Starting an action in Small Claims Court is also less risky for the potential plaintiff – if a plaintiff loses, the worst-case scenario is that this plaintiff will have to pay 15% of the award, a maximum of $5,250 in Costs to the other party. This limited risk can be attractive to plaintiffs with limited resources. 

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What does it mean to be in a union?

We often get contacted by employees who are members of unions and employers looking to better understand the pros/cons when faced with unionization. What does it mean to be in a union?

Collective Agreement vs. a Contract

One big difference between unionized and non-unionized employees is that the employment relationship with the employer is governed not by individual contracts but by a collective agreement.

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