Blog - Human Rights and Discrimination

Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.

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Human Rights laws don’t guarantee equal treatment in the general sense. In Ontario, and throughout Canada, your workplace must be free of workplace discrimination, harassment, and reprisal or differential treatment due to certain protected characteristics. It may be discrimination if you are treated differently because of your age, race, ethnicity, place of origin, ancestry, citizenship, religion, colour, sex/gender/sexual orientation, gender expression, marital/family status, or disability.

Featured image for “Employer Obligations in the Age of Flexible Retirement”

Employer Obligations in the Age of Flexible Retirement

Retirement isn’t always a one-way street anymore. Given the increased costs of living, more and more employees are deciding to…

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Can Your Employer Fire You for Using Medical Marijuana?

What were employers concerned about before the legalization of medical marijuana? Before the legalization of medical marijuana, and then again…

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Featured image for “Right Strategies to Address Mental Health in the Workplace”

Right Strategies to Address Mental Health in the Workplace

Employers in Ontario must be aware of the importance of creating strategies and policies to address mental health in the…

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Featured image for “Workplace Privacy in the Age of AI: Legal Insights”

Workplace Privacy in the Age of AI: Legal Insights

How does AI impact employees’ workplace privacy? Artificial intelligence (AI) has been all over the news recently. It promises to…

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Featured image for “Gender Discrimination: A Call to Action for Workplace Equality”

Gender Discrimination: A Call to Action for Workplace Equality

Gender Discrimination in Managerial Positions: What do recent statistics reveal? A recent report from the Canadian Chamber of Commerce’s Business…

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Gender Discrimination Can Cost Employers Big Money

What allegations of gender discrimination have been made against Activision Blizzard? Activision Blizzard, a large US video game maker, is…

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Featured image for “Off-Duty Conduct: Rights and Responsibilities in the Workplace”

Off-Duty Conduct: Rights and Responsibilities in the Workplace

Can an Employee Be Disciplined for Off-Duty Conduct? There has always been an issue as to whether a person can…

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Featured image for “The Duty to Inquire in Ontario: What Should Employers Do?”

The Duty to Inquire in Ontario: What Should Employers Do?

What is the Duty to Inquire and Why is it Important for Ontario Employers? Employers in Ontario must be aware…

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Featured image for “Balancing Act: Caregiver Support in the Workplace”

Balancing Act: Caregiver Support in the Workplace

Caregiver support becoming increasingly important in the workplace? In recent years, there has been a growing recognition of the importance…

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Featured image for “Everything You Need to Know About Your Maternity Leave Rights?”

Everything You Need to Know About Your Maternity Leave Rights?

Maternity leave and parental leave are pivotal aspects of employment in Canada, providing new parents with essential time to care…

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Sexual Harassment: Employer Challenges Claim of Worker

Is Just Cause the “Capital Punishment” of Employment Law? Just cause is widely known as the “capital punishment” of employment…

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Featured image for “Price of Gender Discrimination Breaking the Bank for Employers?”

Price of Gender Discrimination Breaking the Bank for Employers?

What Led to Activision Blizzard’s $50 Million Settlement? Activision Blizzard, a large US video game maker, is paying big money…

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Featured image for “Mental Health Rights in the Ontario Workplace”

Mental Health Rights in the Ontario Workplace

In recent years, the legal landscape around mental health in the workplace has evolved significantly. As society becomes more aware…

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Featured image for “Employee Rights in the Face of Employer Bankruptcy”

Employee Rights in the Face of Employer Bankruptcy

As the echoes of the COVID-19 pandemic fade away, the aftermath reveals a challenging landscape for some Canadian businesses. While…

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Feeling the Effects of Blue Monday?

Why is the third Monday of January labeled as “Blue Monday”? With the come down from the holidays, shortened daylight…

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Featured image for “Reality of Age Discrimination in the Workplace”

Reality of Age Discrimination in the Workplace

Ageism is real problem in our society, and the workplace is no exception to that. Stereotypes abound about older employees:…

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Protecting Careers from Problem Drinking

Published By: Toronto Star Legal protection for issues with problem drinking in the workplace has been in place for decades,…

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Dismissed Employee Receives More Than $600k for Discrimination

What Happened in the Mema v. City of Nanaimo (No. 2) Case? In a recent BC Human Rights Tribunal matter,…

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Maternity Leave: Job at Risk?

Are you certain that your job is secure during your maternity or parental leave? The whirlwind of new parenthood, coupled…

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Workplace Equality: Human Rights Day

Human Rights Day | United Nations The Universal Declaration of Human Rights turns 75 today. This monumental document, the drafting…

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Featured image for “Maternity Leave Realities: Behind the Scenes in Your Workplace!”

Maternity Leave Realities: Behind the Scenes in Your Workplace!

Embarking on the journey of parenthood is a life-altering experience, and for many, the professional world becomes a complex maze…

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Featured image for “The Silent Struggle of Mental Health at Work”

The Silent Struggle of Mental Health at Work

Why Is Addressing Mental Health at Work Crucial? Despite the fact that with each passing year mental health at work…

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As Incidents of Hate Speech Rise, When Can Employers Legally Sanction Workers?

Published By: THE GLOBE AND MAIL Incidents of Antisemitism and Islamophobia are drastically rising in Canada in the wake of the…

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Employers Using Human Rights Loopholes

Employees working for federally regulated employers, such as banks, are protected under the Canadian Human Rights Act, which lays out…

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Featured image for “Is Wearing a Poppy at Work a Right?”

Is Wearing a Poppy at Work a Right?

With Remembrance Day around the corner, Saskatchewan has turned its legislative mind to wearing poppy at work. The province has…

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Social Media Privacy in the Workplace?

Recently enacted legislation in the state of New York has passed that will prohibit employers from demanding the passwords to…

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Nepotism in the Workplace

Unfortunately, nepotism is a phenomenon that continues to persist in today’s society. It is doubtful anyone is a stranger to…

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World Mental Health Day

What is World Mental Health Day? October 10 marks World Mental Health Day, a time to raise awareness, educate folks,…

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Employee Wellbeing – A Human Right

As Canada shifts into more of a post-pandemic world, employees’ views towards prioritizing their wellbeing at work has shifted as…

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Featured image for “International Equal Pay Day: Is Gender Discrimination Alive?”

International Equal Pay Day: Is Gender Discrimination Alive?

What is International Equal Pay Day? International Equal Pay Day, celebrated on September 18, represents the longstanding efforts towards achieving…

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Deleted WhatsApp Chats: An Employer Investigation Drama

Employer Investigation Unveiled: The Vanishing WhatsApp Messages In a recent legal dispute, a former senior executive has been accused of…

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Featured image for “Sick Notes: The Drama of Privacy and Accountability”

Sick Notes: The Drama of Privacy and Accountability

Why is the Requirement for Sick Notes Making Headlines in Nova Scotia? An employer’s ability to ask an employee for…

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Featured image for “Disney Gender Discrimination: Unveiling Pay Inequity”

Disney Gender Discrimination: Unveiling Pay Inequity

What’s Behind the Disney Gender Discrimination Lawsuit? Sadly, pay equity continues to be an ongoing issue for employees. Companies that…

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Featured image for “Proximity Bias: The New Normal?”

Proximity Bias: The New Normal?

What is Proximity Bias and How Does it Affect the Hybrid Workplace? As the hybrid workplace becomes the new normal,…

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Featured image for “Pregnancy Discrimination: Timing of Termination and Bias”

Pregnancy Discrimination: Timing of Termination and Bias

Pregnancy Discrimination: Can You Fire Someone for Being Pregnant? Although employers have a lot of latitude in determining who to…

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Mental Health in the Workplace

Why are over 60% of Canadians experiencing financial stress? Unsurprisingly, mental health, financial wellbeing, and mental health in the workplace…

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Featured image for “Parental Rights in Ontario: Balancing Work and Childcare”

Parental Rights in Ontario: Balancing Work and Childcare

Families are the cornerstone of communities. By extension, the value of strong families extends to the health of a country…

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Featured image for “Navigating the Legalities of Tattoos in the Workplace”

Navigating the Legalities of Tattoos in the Workplace

Tattoos, dyed hair and other forms of body expression are becoming increasingly common in today’s society. Studies show that over…

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Featured image for “Proposed Changes to Employment Standards Act Ontario to Address Remote Work”

Proposed Changes to Employment Standards Act Ontario to Address Remote Work

The widespread increase of remote work as a result of the COVID-19 pandemic appears to be here to stay, and…

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Featured image for “Female Burnout in the Workplace Outweighs Male Counterpart”

Female Burnout in the Workplace Outweighs Male Counterpart

In McKinsey’s recent “Women in the Workplace” report, women are leaving leadership roles “at the highest rate we’ve ever seen.”…

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Featured image for “Amazon Mandates Employees to Return to the Office.”

Amazon Mandates Employees to Return to the Office.

Amazon’s CEO, Andy Jassy, has mandated all workers return to the office at least three times per week, as of…

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Featured image for “Disney Employees Push Back on Return-to-Office Mandate”

Disney Employees Push Back on Return-to-Office Mandate

It has been 3 years since the COVID-19 pandemic officially started in March of 2020. During this time, many companies…

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Featured image for “Office Romance – Pros and Cons of Dating a Co-worker”

Office Romance – Pros and Cons of Dating a Co-worker

The recent news of the now-former Toronto mayor John Tory’s affair with a colleague has sent shockwaves through Toronto’s political…

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Featured image for “Employment Law Protections for Parents Affected by Last-Minute Daycare Strike”

Employment Law Protections for Parents Affected by Last-Minute Daycare Strike

Special to The Globe and Mail The question My child’s daycare was closed because of a last-minute daycare strike so…

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Featured image for “City of Burlington Mandates Mandatory Masks Again: Your Rights”

City of Burlington Mandates Mandatory Masks Again: Your Rights

Recently the City of Burlington re-launched a mandatory indoor mask policy for the City’s employees, effective from November 28, 2022,…

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Featured image for “TTC Drops Vaccine Mandate”

TTC Drops Vaccine Mandate

The Toronto Transit Commission (“TTC”) has decided to drop its COVID-19 vaccine mandate that has been in place for approximately…

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Featured image for “CUPE Strike: What Are Working Parents Rights If They Have to Stay at Home Due to School Closures?”

CUPE Strike: What Are Working Parents Rights If They Have to Stay at Home Due to School Closures?

Many people are probably confused about the recent twist during the recent CUPE strike – the Ontario government just announced…

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Featured image for “CP24’s Patricia Jaggernauth Alleges Racial and Gender Discrimination”

CP24’s Patricia Jaggernauth Alleges Racial and Gender Discrimination

Recently Patricia Jaggernauth, a former Bell Media employee, filed a complaint under the Canadian Human Rights Act (the “Act”), with…

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Featured image for “Ontario Court Rules Seneca College’s Vaccine Policy Does Not Violate Charter”

Ontario Court Rules Seneca College’s Vaccine Policy Does Not Violate Charter

In a recent decision, the Ontario Superior Court of Justice ruled that Seneca College’s vaccine policy does not violate the…

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Featured image for “Top-up while on Maternity Leave: What Are the Rules?”

Top-up while on Maternity Leave: What Are the Rules?

What is maternity and parental leave? How to top up your maternity leave? A maternity leave for Canadian employees can be either…

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Featured image for “Federal Tribunal Reverses EI Denial For COVID-19 Vaccination Refusal”

Federal Tribunal Reverses EI Denial For COVID-19 Vaccination Refusal

Federal Tribunal Reverses EI denial A federal tribunal has recently held that an employee terminated as a result of noncompliance…

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Featured image for “Quiet Quitting At Work – What You Need To Know”

Quiet Quitting At Work – What You Need To Know

The term “Quiet Quitting” has been making headlines in the past few weeks as employees and employers alike discuss the…

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Featured image for “Lisa LaFlamme And Age Discrimination In The Workplace”

Lisa LaFlamme And Age Discrimination In The Workplace

Bell Media, the parent company of CTV News, announced today that it would conduct a workplace investigation of the recent…

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Featured image for “Unconscious Bias – Firing Workers When an Illness is Involved”

Unconscious Bias – Firing Workers When an Illness is Involved

Special to The Globe and Mail Far too often, employers make decisions that are tainted by discriminatory motivations, without even…

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Featured image for “Workplace Age Discrimination is on The Rise”

Workplace Age Discrimination is on The Rise

Special to The Globe and Mail Workplace age discrimination is on the rise. But it can be difficult to detect.…

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Featured image for “Employee’s Privacy Rights in the Workplace: What is Acceptable?”

Employee’s Privacy Rights in the Workplace: What is Acceptable?

The Ontario Court of Appeal’s most recent case involving an employee’s privacy rights in the workplace provides that Section 8…

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Featured image for “Mental Health vs. Salary – 1 in 4 Workers Quit Jobs Over Mental Health”

Mental Health vs. Salary – 1 in 4 Workers Quit Jobs Over Mental Health

Mental health is playing an increasingly important role in the North American workplace. Recent studies show that many workers are…

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Featured image for “Working for Workers Rights – Digital Platform Workers Rights”

Working for Workers Rights – Digital Platform Workers Rights

We live in a world that is becoming increasingly digital including how we order a pizza, groceries, and get around…

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Featured image for “Canadian Banks Drop Vaccine Mandates”

Canadian Banks Drop Vaccine Mandates

Canada’s “Big Five” banks have all either suspended or removed their mandatory COVID-19 vaccination policies. As of Spring 2022, COVID-19…

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Can a Refusal to Vaccinate Get You Fired for Just Cause?

Ever since vaccines have become widely available, many employers have implemented mandatory vaccination policies. Recent arbitration decisions like Unifor Local…

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Mental Health at Work

Studies show that approximately 1 in 5 Canadians struggle with a mental health issue, and many of these issues manifest…

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Featured image for “Employee Rights on Election Day – Ontario Provincial Election 2022”

Employee Rights on Election Day – Ontario Provincial Election 2022

Thursday, June 2, 2022, is election day in Ontario for the provincial elections. Employees who would like to exercise their…

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Featured image for “Jennifer Valentyne Alleges Gender Discrimination in the Workplace”

Jennifer Valentyne Alleges Gender Discrimination in the Workplace

Jennifer Valentyne, a Canadian broadcast personality, has recently spoke out against her alleged experience of gender discrimination in the workplace,…

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Featured image for “Does Your Workplace Have a Right to Disconnect Policy Yet?”

Does Your Workplace Have a Right to Disconnect Policy Yet?

Time is ticking for many employers to get a written Right to Disconnect policy into place. Ontario added new requirements…

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Featured image for “Can an Employer Recall Laid off Employees and Workers?”

Can an Employer Recall Laid off Employees and Workers?

As COVID-19 restrictions loosen, many employers are in the process of recalling employees that were laid off over the pandemic. …

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Featured image for “Deloitte Reversing COVID-19 Vaccine Mandates”

Deloitte Reversing COVID-19 Vaccine Mandates

The announcement that Deloitte is reversing COVID-19 vaccine mandates signals the crossroads at which many employers find themselves as society…

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Featured image for “Ontario Government to Introduce Legislation Addressing Electronic Monitoring”

Ontario Government to Introduce Legislation Addressing Electronic Monitoring

On February 24, 2022, the Ontario government announced its plans to introduce new legislation that would require larger employers to…

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Featured image for “Canada Worker Lockdown Benefit Eligibility”

Canada Worker Lockdown Benefit Eligibility

The government of Canada has announced that it will be expanding the Canada Worker Lockdown Benefit (CWLB).  CWLB provides temporary…

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Featured image for “When it comes to vaccine mandates, how do unionized workers differ from non-unionized?”

When it comes to vaccine mandates, how do unionized workers differ from non-unionized?

Special to The Globe and Mail Some unions may be headed for a breaking point in Canada. The imposition of…

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Featured image for “The Ontario Working for Workers Act, 2021: Right to Disconnect”

The Ontario Working for Workers Act, 2021: Right to Disconnect

The Ontario government has proposed legislation today – Working for Workers Act, 2021 that, if passed, would help workers adjust…

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Featured image for “BC’s Goodberry Restaurant Group Fired Server: Paid $30,000 in Damages”

BC’s Goodberry Restaurant Group Fired Server: Paid $30,000 in Damages

Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 The B.C. Human Rights Tribunal (BCHRT)…

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Featured image for “Who is Responsible for COVID-19 at Work?”

Who is Responsible for COVID-19 at Work?

Generally speaking, it would be very difficult to prove that one individual has infected another with COVID-19 given the widespread…

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Featured image for “Fired While Pregnant or Upon Returning from Maternity Leave?”

Fired While Pregnant or Upon Returning from Maternity Leave?

Special to The Globe and Mail For many working women across Canada, a worst-case scenario is beginning to unfold as…

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Featured image for “Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?”

Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?

Employers’ duty to maintain workplace safety with vaccination policies in place Employers have a duty to provide a safe workplace…

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Featured image for “What is The Canada Recovery Hiring Program And How it Works”

What is The Canada Recovery Hiring Program And How it Works

The Canadian government has announced its Budget 2021, which includes the introduction of the new Canada Recovery Hiring Program (CRHP).…

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Vaccination Status of Co-workers – Can I Ask My Colleague About Their Vaccination Status?

As more employees consider going back to the office, or are called back by their employers, many are interested to…

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Proof of Vaccination for In-Office Work

As more Canadians receive their COVID-19 vaccinations, employers may be wondering whether they can ask for proof of vaccination to…

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Featured image for “Ontario Announces Mandatory Paid Sick Leave for COVID-19 – Here is How it Works”

Ontario Announces Mandatory Paid Sick Leave for COVID-19 – Here is How it Works

The Ontario government has announced a temporary plan that will provide up to three paid sick leave for COVID-19 for…

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Ontario to Give Three Paid Sick Days to Employees

Following months of demands for sick pay coverage, the Ontario government has announced a temporary plan that will provide up…

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Featured image for “I Didn’t Get a Raise Because of Child-Care Obligations. Is This Discrimination?”

I Didn’t Get a Raise Because of Child-Care Obligations. Is This Discrimination?

SPECIAL TO THE GLOBE AND MAIL THE QUESTION I am working from home during the pandemic, but I have two…

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Featured image for “COVID-19: Paid Sick Leave Needs to be Targeted”

COVID-19: Paid Sick Leave Needs to be Targeted

Daniel Lublin, an Employment Lawyer, talks with CP24 about paid sick leaves in Ontario. Q: What is the difference between…

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Ontario Paid Time Off for Vaccination

As the COVID-19 vaccine continues to roll out in Canada, all provinces are taking steps to promote it by giving…

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COVID-19 Provincial Antigen Screening Program

The Ontario government is taking steps to make it easier for employers to test for COVID-19 in the workplace by…

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Featured image for “Uber’s Flexible Work+ – Uber Canada Proposes Changes to Labour Laws”

Uber’s Flexible Work+ – Uber Canada Proposes Changes to Labour Laws

Uber Canada announced that it is seeking support from the provinces to change the employment regulations affecting its workers. These…

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Featured image for “CEO of the Canada Pension Plan Resigns After Receiving COVID-19 Vaccine in Dubai”

CEO of the Canada Pension Plan Resigns After Receiving COVID-19 Vaccine in Dubai

Mark Machin resigned as CEO of the Canada Pension Plan Investment Board. The chief executive responsible for managing the Canadian Pension Plan, Mark Machin, resigned…

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Featured image for “Work Life Balance During COVID-19: Employees Are Working Longer Hours at Home”

Work Life Balance During COVID-19: Employees Are Working Longer Hours at Home

The COVID-19 pandemic has changed how we work in many different ways. For many people, this has meant an adjustment…

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Featured image for “Monitoring Employee Activity at Home: A Breach of Privacy?”

Monitoring Employee Activity at Home: A Breach of Privacy?

As the COVID-19 pandemic continues, we are seeing increased use and reliance on techniques that help in monitoring employee activity…

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Featured image for “Child Care During COVID-19: Workplace Laws For Parents”

Child Care During COVID-19: Workplace Laws For Parents

Daniel Lublin, Special to The Globe and Mail Child care during COVID-19 can be a delicate balancing act for working…

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Featured image for “Can You Get Fired for Attending a Protest?”

Can You Get Fired for Attending a Protest?

Protests and rallies are nothing new; however, the beginning of 2021 saw some extreme protests – Capitol Hill in the…

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Featured image for “Monitoring Employee Activity on Work Computers at Home”

Monitoring Employee Activity on Work Computers at Home

COVID-19 has brought about many changes to the way we work, whether that be modified office protocols or working from…

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Featured image for “Can My Employer Force Me To Take a COVID-19 Vaccine?”

Can My Employer Force Me To Take a COVID-19 Vaccine?

As with many workplace law issues, whether an employer can make it mandatory that employees get the COVID-19 vaccine will…

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Featured image for “Can a Request For More Medical Information in The Workplace be Regarded as Discrimination?”

Can a Request For More Medical Information in The Workplace be Regarded as Discrimination?

It is not always appropriate for employers to request doctor’s notes from employees. Done improperly, there is a risk that…

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Featured image for “The Hospitality Industry During COVID-19: Reopening The Economy”

The Hospitality Industry During COVID-19: Reopening The Economy

The hospitality industry during COVID-19 faces unique challenges to resuming normal business operations, specifically owing to the inherent in-person nature…

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Featured image for “Changes to Employment Insurance (EI) Maternity and Parental Benefits”

Changes to Employment Insurance (EI) Maternity and Parental Benefits

On September 27, 2020, the federal government of Canada will implement changes to its Employment Insurance (“EI”) programs. Currently, the…

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Working Parents’ Rights as Schools Reopen

With most schools scheduled to reopen on September 8, 2020, working parents may be wondering what their rights are in…

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Featured image for “Accommodation Issues Impacted by COVID-19: Re-Opening During the Pandemic”

Accommodation Issues Impacted by COVID-19: Re-Opening During the Pandemic

As the economy gradually re-opens in Ontario, there are a few accommodation issues impacted by COVID-19 that both employers and…

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Featured image for “Majority of Canadians’ Work Refusal Claims Being Denied Amid COVID-19”

Majority of Canadians’ Work Refusal Claims Being Denied Amid COVID-19

CTV NEWS As Canadians head back to work after spending months at home, new data suggests that some provinces are…

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Featured image for “Parenting During COVID-19: Child Care Accommodation For Employees”

Parenting During COVID-19: Child Care Accommodation For Employees

As more employees are recalled back to work, parenting during COVID-19 is quickly becoming a pressing concern. Human-rights laws across…

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Featured image for “Changes to The Ontario Employment Standards Act, 2000: BAD News For Employees”

Changes to The Ontario Employment Standards Act, 2000: BAD News For Employees

Very BAD news for employees: Ontario Government removes statutory rights in new pro-business COVID-19 regulation 228/20.  A large number of…

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Featured image for “10 Days Paid Sick Leave – COVID-19 Updates”

10 Days Paid Sick Leave – COVID-19 Updates

Prime Minister Trudeau announced on Monday that he will be pushing the provinces to allow workers up to 10 days…

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