Bringing workers back into the workplace

Back to the workplace

Photo by Maxime on Unsplash

On January 27, 2022, the Ontario government published Regulation 25/22, which amends the Rules for Areas in Step 3 and at the Roadmap Exit Step (“Rules for Step 3”) with respect to COVID-19. All of Ontario moved into Step 3 on January 31, 2022, under Regulation 26/22. 

The amendments to the Rules for Step 3, as it relates to the workplace, removed the requirement for employers to allow workers to work from home. Other changes include revoking the requirement to record peoples’ contact information when entering specified businesses and reducing capacity limits in public venues.  

Employers were previously required, when Ontario temporarily moved to Step 2 on January 5, 2022, to ensure that their employees worked remotely unless they were required to be on-site given the nature of their work. 

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Religious Accommodation & Vaccination – What’s the deal?

In the context of the increasing prevalence of vaccine mandates, employee requests for accommodation on religious grounds are becoming common. Religious beliefs and practices and the resulting accommodation requests can be varied and tricky. Today we will take a look at what employers should know and do about requests for accommodation based on religion. 

What Do Employers Need to Accommodate?

Human rights legislation across Canada provides employees with protections from discrimination on the basis of creed or religious beliefs or practices. Employers must accommodate up to the point of undue hardship. 

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Sexual Harassment and Assault at Work: Options for Legal Redress – Part 2

Sexual Harassment and Assault at Work: Options for Legal Redress

Photo by Mihai Surdu on Unsplash

Introduction – Part II

During Part I of this blog, we outlined three initial legal options for survivors of sexual assault and/or harassment in the workplace context. These included filing a workplace complaint, filing a grievance if you are in a unionized setting, or submitting an application to the Human Rights Tribunal of Ontario (HRTO). Here, we continue to outline the remaining three options for legal redress in this context. 

Asserting a Constructive Dismissal

Per Ontario’s Occupational Health and Safety Act, your employer is responsible for ensuring a safe, harassment-free work environment. If you resign from your employment you typically will not be entitled to any compensation from your employer. If you are terminated, you will typically be entitled to notice of termination – colloquially known as a “severance package”. However, the law has carved out an exception in circumstances where the employer’s conduct has been so bad that you essentially have no choice but to quit. This is called a “constructive dismissal.’” Depending on the facts of each case, asserting a successful constructive dismissal claim could result in a damages (compensation) award comparable to what you would have been entitled to had you been terminated. If your constructive dismissal arose out of the context of being sexually harassed or assaulted at work, you may also be entitled to additional forms of compensation including human rights or general damages. 

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Sexual Harassment and Assault at Work: Options for Legal Redress – Part I

Sexual Harassment and Assault at Work: Options for Legal Redress

Photo by Mihai Surdu on Unsplash

Introduction – Part I

In the wake of the #MeToo era, a burgeoning consciousness has grown around the existence of and need to address sexual harassment and sexual assault in the workplace. Individuals of all genders and orientations have found the courage to come forward, and legislation in Ontario has made it mandatory for employers to sufficiently investigate these allegations in a timely and comprehensive manner. Trauma-informed Workplace Investigations inherently require a sound understanding of power dynamics and nuanced forms of sexual harassment. New hybrid work models pose unique obstacles for enforcing cyber-bullying and anti-discrimination/harassment policies, and have brought to the forefront the importance of building a workforce predicated on respect, plurality, accountability, legal compliance, and employee well-being. As part of this, employees who experience sexual assault and/or harassment in the workplace may have different legal options at their disposal. 

In Part 1, we begin here with a  review of three possible options. 

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Workplace Law Trends for 2022

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.

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