01May 24
The Perils of Bias in Workplace GenAI
In the rapidly evolving landscape of tech, Generative Artificial Intelligence (GenAI) is becoming a central player, especially in sectors like customer service, content creation, and…
An Update on Bill 27, Working for Workers Act, 2021
December 8, 2021
Photo by Romain Dancre on Unsplash
In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.
Non-Compete Agreements are Prohibited
Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers.
Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.
Free webinar: The Top 5 Employment Law Mistakes to Avoid in 2022
December 7, 2021
As we wrap up 2021, and 21 months of navigating the Covid-19 pandemic, we want to set you up for success in the new year!
Join us as we give you our tips on how to avoid making the top 5 employment law mistakes in 2022!
Date: Wednesday, December 15, 2021
Time: 10:30-11:00 am EST
Register: Click here!
Time to Party IRL?
December 1, 2021
Photo by Kelsey Chance on Unsplash
Likely you’ve noticed that the holiday season is upon us! Often around this time of year, we’ve written a blog post about holiday office parties. Usually, these have revolved around topics like social host liability, drinking and sexual harassment. This year, many workplaces are eager to get the gang back together in person and have the additional consideration of COVID-19! What to do?!
Where to Party?
An easy option, which will allow employers to avoid having to reinvent the wheel, will be to have the holiday party at a restaurant. Restaurants know the local public health rules and you won’t have to ruin the night for your HR person by requiring them to be the mask police all night. Proof of vaccination is required to dine indoors in most jurisdictions and the restaurant will have a set-up for contract tracing and vaccination checks.
HRTO: Employer Liability for Proper Pronoun Use
November 24, 2021
Background
In a recent decision, EN v Gallagher’s Bar and Lounge, 2021 HRTO 240 (CanLII), the Human Rights Tribunal of Ontario (the “HRTO”) found that an employer discriminated against three of his employees based on their gender identities, gender expressions, and sex by subjecting them to trans-and homophobic language, intentional outing, and by misgendering them through his refusal to use their preferred pronouns.
The three Applicants, referred to as EN, JR, and FH, were kitchen employees at a restaurant managed by its owner, Jamie Gallagher; each identified as either genderqueer or non-binary, using the chosen pronouns ”they/them.” They openly requested to be addressed with these pronouns.
The Allegations
The Applicants alleged that, despite their requests, the owner refused to use their correct pronouns, instead repeatedly misgendering them and suggesting he had to “walk on eggshells” around them. As well, the Applicants overheard the owner, Mr. Gallagher, speaking with customers out in the open dining room/bar area, referring to the kitchen staff with transphobic slurs, calling them “trannies.”
Arbitration Decisions on Mandatory Vaccination Policies
November 17, 2021
Photo by Towfiqu barbhuiya on Unsplash
This month has seen arbitral treatment of two mandatory vaccination policies in the context of unionized workplaces. In a grievance brought by the United Food and Commercial Workers Union, Canada, Local 333 against employer Paragon Protection Ltd., the arbitrator found that the employer’s vaccination policy was reasonable. In a grievance brought by the Power Workers’ Union (the “PWU”) against employer Electrical Safety Authority, the arbitrator found that it was not.
Paragon Protection’s Vaccination Policy
Paragon Protection Ltd. provides security services and employs 4,400 unionized security guards to hundreds of client sites across Ontario. Many of these client sites had vaccination requirements. Paragon gave its employees approximately two months notice that they would be requiring them to be fully vaccinated against COVID-19. Employees would report their vaccination status by way of a declaration. The policy allowed exemptions for human rights reasons on the basis of creed/religion and health.
Bill 27 – Working for Workers Act, 2021 and Disconnecting from Work Policies
November 11, 2021
Photo by Eddy Billard on Unsplash
As a result of the Covid-19 pandemic, Ontario’s labour market has experienced significant disruptions and a permanently shifted work landscape. Employers are grappling with redefined work locations, rapidly changing public health standards, and the need for economic revitalization. As part of the province’s recovery scheme, Monte McNaughton, Minister of Labour Training and Skills Development, established the Ontario Workforce Recovery Advisory Committee (OWRAC). The Committee’s mandate is to “provide recommendations to position Ontario as the best place in North America to recruit, retain and reward workers.” Its work centers around three pillars: economic recovery, strengthening Ontario’s competitive position, and supporting workers. Integral to the Committee’s work were community stakeholder consultations involving workers, employers, and unions, which invited submissions by July 31, 2021.
