Marijuana in the Workplace

Marijuana in the Workplace The use of medical marijuana in an employment setting raises a conflict between the employee’s right to be protected from actions taken due to a medical condition and/or disability and the employer’s right and, indeed, its obligation to ensure a safe workplace to its staff. Medical Disability Human rights law has […]

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Medical Issues on Termination of Employment

  There are many issues to be considered in assessing a settlement offer on termination. One such issue is the health of the person who has been fired. Ontario law requires every employer to continue health and insurance benefits for a minimum statutory time period following termination. The minimum period after three months is one […]

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Ontario Court Finds No Frustration of Contract After Employee’s 33-Month Disability Leave

The Ontario Divisional Court’s recent decision in Boucher v. Black & McDonald Ltd.  provides an excellent overview of a number of fundamentally important elements of employment law, including the effect of an employee’s long term absence, frustration of the employment contract, the interplay of disability payments and wrongful dismissal damages, as well as human rights […]

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Ombudsman to Investigate WSIB Treatment of Mentally Ill Workers

According to the Toronto Star, the Ombudsman of Ontario has received a 138-page submission calling for an investigation into the Workplace Safety and Insurance Board’s (WSIB) treatment of workers with chronic mental stress injuries. Under the current WSIB regime, such workers are not entitled to compensation. This is despite the WSIB’s own independent appeals tribunal […]

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