By Frederic Parisien

Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years.

In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal division of Quebec’s Workers’ Compensation Board (the Commission des lésions professionnelles) said “yes,” Canadian employers may use information learned from their employees’ Facebook account if there is nothing to suggest that the account’s contents were accessed using fraudulent schemes, subterfuges, or other underhanded means. read more…

By Rosalind H. Cooper

Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions.

Those decisions suggested that complaints regarding employer reprisals in relation to allegations of workplace harassment couldn’t be sustained under health and safety legislation. However, a recent decision of the Ontario Labour Relations Board in Ashworth v. Boston Pizza, where an employee was terminated after her manager allegedly confronted her in an angry manner, has changed this view. read more…

By Alix Herber and Keri Bennett

Human Rights Tribunals across Canada are constantly expanding the interpretation of prohibited grounds. Ontario has recently joined Manitoba and the Northwest Territories and gone one step further by recognizing gender identity as a prohibited ground. read more…

By Marc Rodrigue

Increasing public attention has been given to mental health awareness. And Canadian employers are not exempt. Today’s employers have many employees who are affected by, directly or indirectly, psychological illness or are at risk of psychological hazards on the job. Sometimes these hazards can create human resources challenges, including extended employee absences and complex accommodation scenarios. read more…

By Antonio Di Domenico

Occupational health and safety laws across Canada provide that employers must take certain steps to protect the health and safety of their workers. But none go so far as to make certain health and safety training mandatory. At least not until now. read more…

By Marisa Victor and Lydia de Guzman

Canadian employers, like those in the United States, are required to deal effectively with sexual harassment in the workplace. But managers have usually been personally liable only in the worst cases.

read more…

By Kyla Stott-Jess

The Alberta Court of Appeal has recently added to the ongoing debate in Canada over who is or isn’t an employer in the human rights context. In its recent decision in 375850 Alberta Ltd. v. Beverly Noel and the Director of the Alberta Human Rights Commission, the dismissal of the complainant’s appeal illustrates that naming the correct employer is vital to the outcome. read more…

by Rosalind H. Cooper

Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and observe many different means of compliance, have useful guidance or recommendations. read more…

by Jennifer Shepherd

On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant.

Facts

A Sudbury high school provided one of its teachers, Richard Cole, with a laptop to be used for the purpose of teaching. While reviewing students’ computer files, Cole discovered nude photos of an under-age student and copied them onto the hard drive of his work laptop. read more…

by Keri Bennett

As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little.

Human Rights Commission news release

Earlier this year, the Canadian Human Rights Commission issued a news release cautioning employers against using the time leading up to December 15 to force employees to retire before they are ready to. In the release, Acting Chief Commissioner David Langtry said that “[t]he transition period should not be viewed as a license to force aging workers out the door. Forcing someone to retire because of their age clearly contradicts Parliament’s intent, even if a defence in the law still appears to be available.” read more…