Labour and Employment Case Alerts – October 2019

Arbitration Award Provides Guidance on Employer’s Right to Medical Information

This brief arbitration award includes an Arbitrator Approved “Attending Practioners’ Statement Report” and reaffirms an employer’s right to require such information as:

  •  the nature of the condition (eg. mental health, communicable disease, muscular skeletal injury), but not the diagnosis…

Read more.

LTD and Benefits Extended for Employees Over 65

A recent Judicial Review decision confirmed a finding that an Employer was required to extend LTD coverage to employees who work past age 65. In this case, Markham Stouffville Hospital sought to quash an Arbitration award that held that their collective agreement required the Hospital to provide long term disability (LTD) benefit coverage to employees who work past age 65. The Court concluded that Arbitration decision fits within a range of possible, acceptable outcomes and therefore dismissed the application…  Read more.

Employment Standards Penalties 

This recent case is a good reminder that Employment Standards non-compliance risks more than just the amount owed to employees. Here the employer had failed to pay a meager $389.02 in wages, but was ordered to pay $1500 in penalties on top of the wages owed…. Read more.

Excessive Absenteeism Related to Educational Pursuits grounds for Discharge

This recent case confirms that an employer doesn’t have an obligation to accommodate an employee’s educational activities outside of work. Here an employee had excessive absenteeism in relation to studying for her CPA outside of working hours. In accordance with the absenteeism policy of the employer, the absenteeism was deemed culpable and the employee was terminated following the progressive discipline procedure outlined in the policy…. Read more.

Teacher Work Refusal Related to Exceptional Students

In this recent decision, the OLRB denied parents the opportunity to participate in an OLRB hearing related to teacher work refusals involving their son, John, an “exceptional student”. While the matter of work refusals is a legal dispute between an Employer and the refusing employee (or their bargaining unit representatives), the impact of a work refusal, and a potential finding that such a work refusal is legitimate, can have serious consequences for education rights of students with disabilities….  Read more.