Canada: Human Rights Tribunal Confirms It Has Concurrent Jurisdiction to Decide Human Rights Claims of Unionized Employees
The recent decision in Weilgosh v. London District Catholic School Board, 2022 HRTO 1194 (“Weilgosh”), confirms that the Human Rights Tribunal of Ontario (the “Tribunal”) shares concurrent jurisdiction with labour arbitrators to decide the human rights claims of unionized employees. The decision settles a significant question of law that arose after last year's ruling by the Supreme Court of Canada in Northern Regional Health Authority v. Horrocks, 2021 SCC 42 (“Horrocks”). » Read More
Canada: Ontario Government Begins Consultation on Portable Benefits
On September 27, 2022, the Government of Ontario opened the consultation process for the Portable Benefits Advisory Panel. The Panel, appointed in March 2022, will advise the Government on the viability of a benefits program that would provide health benefits to workers who do not currently enjoy similar benefits under an employer-provided plan. » Read More
Canada: British Columbia Supreme Court Finds Enforcement of Mandatory Vaccination Policy Is Not Constructive Dismissal
In a first across Canada, the British Columbia Supreme Court (the “Court”) has held that an employee was not constructively dismissed when she was placed on an unpaid leave of absence following her refusal to abide by her employer's mandatory COVID-19 vaccination policy (the “Policy”). The Court in Parmar v Tribe Management Inc., 2022 BCSC 1675 (“Parmar”), determined that the Policy was reasonable in the context of the COVID-19 pandemic and that the employee's voluntary non-compliance was due to her speculation about potential vaccination risks. » Read More
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