Canadian Employment Law Today

September 22, 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 COVID vaccination policy: a Canadian comparative analysis PG.4 How past decisions on workplace policies could influence the legality of mandatory COVID-19 vaccinations A BRITISH Columbia tribunal has overturned an award of termination pay to a worker who was fired after sexually harassing a colleague. The worker was employed with national com- pany at a location in B.C. He was hired in February 2015. In late 2017, the employer held a three-day train- ing session in the U.S. that was open to employ- ees from multiple locations. During the training, the worker met up with a female colleague who worked at a different Canadian office with whom he sometimes collaborated. They knew each other through work, but since they were located in dif - ferent provinces, it was the first time they had met in person. After the first day of training, the employer hosted a dinner, after which about 15 employees went out socially for drinks. Most of the employees consumed a large amount of alcohol at the gather - ing. At the end of the evening, the worker and his female colleague took a taxi back to the hotel, with a third employee — who didn't drink alcohol and therefore wasn't intoxicated — sharing the taxi and MEDICAL EVIDENCE indicating that two Ontario firefighters were in good health for their age wasn't enough to exclude them from mandatory retirement at age 60, the Ontario Human Rights Tribunal has ruled. The town of Tecumseh, Ont., operates its own fire rescue service that is staffed mainly by volunteer firefighters, with the exception of the chief, deputy chief, fire prevention officer, and an administrative position. Volunteer fire - fighters are paid for their work and are only called volunteer to differentiate them from full-time firefighters. The town pays them an hourly rate for fire calls and attending train- ing. Tecumseh's volunteer firefighters had a col- lective agreement with the town that required them to retire at the end of the year in which September 22, 2021 An offer that can be refused PG.3 Ontario company's severance package of 11.5 months' pay and benefits not reasonable for worker with 16-month notice entitlement: court COLLEAGUE on page 7 » CREDIT: BLUECINEMA iSTOCK DOCTORS on page 6 » with Brian Johnston Intoxication not an excuse for sexual harassment of colleague B.C. tribunal overturns decision finding worker's drunken attempt to kiss colleague deserved dismissal Ask an Expert PG. 2 Asking a job candidate about accommodation Ontario firefighters' mandatory retirement challenge doused by tribunal Two firefighters underwent medical testing and proved to be in good health, but age was still considered best indicator of cardiac risk BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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