A recent labour arbitration case in Nova Scotia considered whether an employee who masturbated while watching pornography in a workplace bathroom stall had a sex addiction, and whether sex addiction is a disability that employers must accommodate.
Earlier this year, a labour arbitrator rendered a decision that sends a clear warning to employers in Ontario about how to handle employees with substance abuse disorders.
As employment lawyers that represent management, we invariably counsel our clients that they must treat complaints of harassment in the workplace seriously, and take immediate steps to investigate them.
Customs and Border Protection has changed policies that had allowed Canadian citizens to apply for extension of L-1 intracompany transfer visas at ports of entry along the U.S.-Canadian border or pre-clearance locations at Canadian airports.
When an Ontario employee executes a well-drafted release of claims upon termination, there may still be a risk that a court will conclude the release is unenforceable because it is unconscionable.
Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave who do not communicate with the employer?
A recent decision puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee, and the current employee finds continued employment intolerable, they risk liability for constructive dismissal.
The British Columbia Court of Appeal recently affirmed that it continues to be bound by the existing legal test for adverse discrimination on the ground of “family status.”
