Legal Update

Duty to protect hospital staff from workplace violence is paramount
Duty to protect hospital staff from workplace violence
is paramount

The Government of Ontario recently announced that it is establishing a “Workplace Violence Prevention in Health Care Leadership Table” to “better protect health care professionals on the job.” This announcement follows last year’s decision by the Ministry of Labour to ...

Posted: August 27, 2015|Legal Update, Uncategorized|0 comments

The perils of privacy breaches by hospital employees
The perils of privacy breaches by hospital employees

Canadian privacy laws contain a basic safeguarding principle: access to personal information may only be granted on a need-to-know basis. Snooping violates that principle. Several Ontario arbitrators have upheld a “zero tolerance” approach for privacy breaches at hospitals, holding that summary ...

Posted: August 16, 2015|Legal Update|0 comments

Hospital succession planning requires physicians to develop late career transition plans
Hospital succession planning requires physicians to
develop late career transition plans

In 2006, the Ontario Human Rights Code was amended to remove age 65 as the upper limit of prohibited discrimination based on age. Many hospitals interpreted this to mean that they could no longer require physicians, based on age, to ...

Posted: July 2, 2015|Legal Update|0 comments

Tips on conducting a workplace investigation
Tips on conducting a workplace investigation

Stephanie Young, BLG. Workplace investigations are often necessary when resolving workplace disputes or employees’ complaints.  An investigation that is timely, thorough and properly conducted can help employers get to the bottom of a dispute, address employee morale issues, and mitigate ...

Posted: May 3, 2014|Legal Update|0 comments

Accessibility Act in hospitals
Accessibility Act in hospitals

Melanie Warner. The Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) came into force on June 13, 2005.  The purpose of this legislation is to develop, implement and enforce accessibility standards for Ontarians with disabilities with respect to goods, ...

Posted: February 15, 2014|Legal Update|0 comments

Employment contracts: Best practices for enhancing enforcability
Employment contracts: Best practices for
enhancing enforcability

Written offer letters or employment agreements ensure certainty both during the employment relationship and at the time of termination. Moreover, by including a termination provision in such written agreements, employers can reduce their potential liability at the time of termination.  ...

Posted: January 5, 2014|Legal Update|0 comments

Hospital Employee Vaccinations
Hospital Employee Vaccinations

Hospitals are a unique workplace for many reasons, particularly with respect to employee health and patient safety.  The question “should flu shots be mandatory for Hospital employees?” is often asked during each flu season. In an October 2012 editorial, the Canadian ...

Posted: August 7, 2013|Columns, Legal Update|0 comments

New mental health safety standard may impact employers’ duties related to employee mental health
New mental health safety standard may impact
employers’ duties related to employee mental health

Recent studies have shown that one in five Canadians will experience a mental illness in their lifetime, and that mental health is the number one cause of disability in Canada, accounting for nearly 30% of disability claims. The reality suggested by ...

Posted: May 30, 2013|Columns, Legal Update|0 comments

What is the purpose of a Power of Attorney for Personal Care?
What is the purpose of a Power of Attorney for
Personal Care?

A Power of Attorney for Personal Care (“POA”) is a legal document in which an individual can specify who has authority to make care decisions on his or her behalf in the event that person becomes mentally incapable of doing ...

Posted: May 6, 2013|Columns, Legal Update|1 comment

Workplace Accommodation of Employees Caring for Elderly Parents
Workplace Accommodation of Employees Caring for
Elderly Parents

The Ontario Human Rights Code recognizes and protects employees against discrimination on the basis of “family status”.  Traditionally, employees have requested accommodation on the basis of family status relating to obligations associated with child care; however, as the population of ...

Posted: April 10, 2013|Legal Update|0 comments

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