Ms Megan Beal

Megan Beal

Updates

Employment & Benefits

Showing nude photos to supervisor justifies termination of long-service employee
Canada | 06 November 2019

A recent arbitration decision has confirmed that termination can be the appropriate penalty for long-service employees with clean disciplinary records when they engage in sexual harassment, including showing a nude photo to a supervisor. This case highlights how seriously arbitrators look at sexual harassment in the workplace – particularly in the #MeToo era – and reminds employers of the importance of taking detailed notes during an investigation, including with respect to an individual's demeanour.

Constructively dismissed? Maybe, but get back to work
Canada | 18 September 2019

A recent decision reaffirms that employees must return to work following a constructive dismissal to mitigate the damages that they caused where doing so would not be embarrassing, humiliating or degrading. In such cases, employers should consider whether it is appropriate to re-offer an employee the opportunity to return to work following an allegation of constructive dismissal, as this could greatly limit the damages and their potential liability in litigation.

New rules on police record checks in Ontario
Canada | 06 March 2019

The Police Record Checks Reform Act 2015, which recently came into force, standardises the types of police record check that can be performed and the types of information that can be disclosed. The new rules are important for employers that use police record checks to screen employees, applicants, volunteers or others. Employers must understand the differences between the three types of check to ensure that the correct check is requested in each situation.

Dazed and confused about recreational and medical cannabis
Canada | 20 February 2019

Recreational cannabis was recently legalised in Canada. However, employers are confused as to whether recreational and medical cannabis should be handled differently under human rights laws. Among other things, employers can prohibit the possession of any recreational cannabis at work even though the possession of small amounts is now legal. Nevertheless, employers are obliged to accommodate – to the point of undue hardship – employees who are addicted to recreational cannabis.

Terminating employee benefits at age 65 ruled unconstitutional
Canada | 07 November 2018

For many years, even since the prohibition of mandatory retirement in Ontario, it has been permissible to deny benefit, pension, superannuation or group insurance plans or funds to employees over the age of 65 due to an exception in the Ontario Human Rights Code. However, a recent decision from the Human Rights Tribunal of Ontario found this exception to be unconstitutional.

Bill 148: scheduling and the three-hour rule
Canada | 04 April 2018

The Fair Workplaces, Better Jobs Act 2017 (known as 'Bill 148') is now in force and has made significant changes to the Employment Standards Act 2000. Included in the changes to the act are new provisions on scheduling, including on-call work, changes to scheduled shifts and shift cancellation. Although these changes do not come into effect until January 1 2019, employers should be aware of them in order to ensure compliance in time.

Bill 148: changes to Labour Relations Act
Canada | 21 March 2018

The impact of the Fair Workplaces, Better Jobs Act 2017 (known as 'Bill 148') has been overshadowed, to some extent, by the controversy surrounding the sweeping changes to the Employment Standards Act 2000, including the changes to the minimum wage. However, the bill has also made significant changes to the Labour Relations Act 1995.