Canadian Employment Law Today

October 20, 2021

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Ask an Expert PG. 2 Unable to prove or disprove harassment complaint Ontario's court debate over COVID layoffs and constructive dismissal PG.4 Is infectious disease emergency leave a constructive dismissal in court? 2 Ontario judges say yes, but a third says no AN ONTARIO worker who suffered a workplace psychological injury cannot pursue legal action for harassment that caused the injury but can sue for constructive dismissal, the Ontario Superior Court of Justice has ruled. The 60-year-old worker was hired to work in house - keeping at a Hilton hotel in Niagara Falls, Ont., in May 2015. A year later, she was promoted to a supervisory role. Before she started working at the hotel, she had fought and survived uterine cancer. Starting in June 2016, some of the worker's co- workers began saying that an odour emanated from the woman. They engaged in acts that humiliated the worker, including spraying her with Lysol and cover - ing the seat of her chair with towels and bathmats. They spread rumours about what was causing the odour as well as her job performance and also inter- fered with her administrative work. The worker discussed the matter with her doctor, who changed her medication to eliminate the odour. The worker was also worried that her cancer had come back, but her doctor reassured her that that wasn't the case. A BRITISH Columbia company met its duty to accommodate an injured worker even though it was unable to find any work for him and terminated his employment, a Canadian Human Rights Tribunal has ruled. Goran Petrovic immigrated to Canada in 1996 and worked as a truck driver based in Van - couver from 2005 to 2010. In March 2010, Petro- vic was hired to be a short-haul truck driver by TST Overland Express, a freight transportation company with a location in North Burnaby, B.C. His job involved driving a truck for deliver- ies to local Home Depot stores and he didn't have to do any lifting. Five months into the job, Petrovic injured his back at work and developed severe pain in his lower back that radiated into both his legs. He was off work for two days but didn't file a claim October 20, 2021 Laid-off B.C. worker gets 22 months' pay — minus CERB PG.3 Temporary layoff that became permanent was constructive dismissal; damage award replaced lost income, making CERB an extra benefit that should be deducted WRONGFUL DISMISSAL on page 7 » CREDIT: KALI9 iSTOCK WORKER SAID on page 6 » with Stuart Rudner Ontario court overturns dismissal of worker's constructive dismissal claim Tribunal found that worker couldn't sue for harassment that caused psychological injury, but also denied constructive dismissal action Injured B.C. delivery driver dismissed for inability to meet job requirements Worker's medical restrictions prevented him from performing regular job; not qualified for any possible accommodated positions BY JEFFREY R. SMITH BY LUCY CARRUTHERS

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