Looking Back at Top HR Stories of 2014

12/31/2014

As we wrap up this year and get ready to make New Year's resolutions,
it's a great time to reflect on some of the highlights (and lowlights) of this
past year. In addition to an attack on Canada's parliament, a stranger-than-fiction Mayor's race in Toronto, a surprising election victory for Ontario's scandal-plagued Liberals, an Ebola outbreak in West Africa, aggressive moves by Russia into the Crimea and Ukraine, a missing airplane, a new terror threat in the Middle East, increased racial tensions in the U.S. following controversial police actions, a data hack at Sony Studios, a Winter Olympics, a World Cup, and an "Ice Bucket Challenge" that took over the internet, there were a number of HR news stories of note:

Legislative changes you need to know about:

Ontario Premier Kathleen Wynne's Liberals passed Bill 18

Changes to Canada's Labour Code

New leaves in Canada's Caregiver Act

Big changes in Ontario's Employment Standards Act (ESA) came into effect as a result of Bill 18 (also known as the Stronger Workplaces for a Stronger Economy Act) when it was passed in November. Changes include tying Ontario's minimum wage to the Consumer Price Index (CPI) with increases to come into effect on October 1st of each year, added protections for co-op students, temp agency workers and temporary foreign workers, the removal of the current $10,000 cap on the recovery of wages under the ESA, and a newly increased time limit on recovery of wages under the ESA to 2 years (from current 6 month and 12 month limitations). For more details, click here.

Federal government announced changes to the Canada Labour Code related to the process for work refusals and a narrower definition of workplace "danger."

Changes to Canada's Caregiver Act adds 3 more leaves: Family Caregiver Leave, Critically Ill Child Care Leave, and Crime-Related Child Death or Disappearance Leave.

Mandatory worker and supervisor Occupational Health & Safety Awareness Training came into effect as of July 1st, as part of changes to Ontario's Occupational Health and Safety Act (OHSA).

In July, Ottawa announced sweeping changes to Canada’s Temporary Foreign Worker Program

Canadian Anti-Spam Legislation (CASL), North America's most aggressive internet communication legislation, came into effect as of July 1, 2014.

Noteworthy court and human rights decisions:

HR related court decisions

Several Human Rights Tribunal decisions

Duty to accommodate employee childcare needs

Ontario court upholds Human Rights Tribunal’s “worst case scenario” decision where school board employee was reinstated after 10 years along with $400,000 in back pay and damages.

Appellate court upholds Human Rights complaint by a Pearson Airport employee whose bosses denied her request to switch from rotating shifts to fixed shifts so she could secure childcare for her children. This clarifies employer obligation to accommodate employees under the Family Status accommodation.

Ontario Human Rights Tribunal launches policy on gender identify and gender expression.

BC court determines sufficient notice required to terminate relationship with “dependent contractors.

Alberta court rules employers do not have to pay bonuses scheduled to be paid after termination.

No patience for abusive behaviour:

CBC's Jian Ghomeshi

NFL's Ray Rice and his wife Janelle

MPs Massimo Pacetti and Scott Andrew

2014 brought a cultural shift and an intolerance for violent and harassing behaviour, with an unprecedented amount of attention to the issue, including allegations against TV icon Bill Cosby.

Former CBC celebrity and "Q" host Jian Ghomeshi found himself first suspended, then terminated, and ultimately charged criminally for a series of abusive actions taken against women in his personal and professional lives. Ghomeshi claimed that all actions were "consensual," although this was denied by an increasing chorus of women coming forward. The CBC's administration was also heavily criticized for its handling of the issue. See Clear Path's blog on this topic.

Two Liberal Members of Parliament in Ottawa were suspended from the party by leader Justin Trudeau and barred from running in the next election, pending investigation, due to "serious personal misconduct" involving two female New Democrat MPs. The exact nature of the alleged misconduct is not known and both men deny any wrongdoing.

Several players in the NFL came under criticism for their behaviour outside of the workplace, but none more than Baltimore Raven running back Ray Rice. The release of a video of Rice punching his then-fiancee (now wife) in the face and knocking her unconscious in an Atlantic City hotel room first led the NFL to suspend him for two games in July, but the ongoing controversy and additional video footage led them to suspend him indefinitely in September. He is currently appealing the decision.

Progress with Ontario's accessibility legislation:

AODA Compliance Reports due

David Onley

Clear Path's handy AODA Deadline chart

All public organizations and private businesses with over 50 employees must file mandatory AODA compliance reports by Dec 31, 2014. Have you submitted yours yet?

Deadlines for various aspects of the AODA Employment and Information & Communication standards come into effect as of Jan 1, 2014 and Jan 1, 2015. See our handy chart for all requirements.

Government begins handing out fines for non-compliance with AODA requirements.

New guidelines for accessible outdoor spaces beginning in 2015, applies to new construction only.

B.C. announces plans for its own accessibility legislation, modeled after AODA.

Ontario establishes David Onley Award for Leadership in Accessibility, in honour of former Ontario Lieutenant Governor.

Accessibility activists critical of lack of progress despite legislation and several 2014 elections polls were slammed for lack of accessibility .

Spotlight on mental health:

Robin Williams' suicide made international headlines

Focus on PTSD for first responders

Human Rights policy

2014 saw an increasing focus on mental health issues, partially due to the suicide of popular entertainer Robin Williams in August.

With at least 13 suicides in a 10 week period, the news media began to pay attention to PTSD needs of first responders like police officers, ambulance attendants, firefighters, and soldiers.

Ontario's Human Rights commission released new policy to prevent mental health discrimination in June

WSIB and WSIAT in the news:

WSIB turns 100 years old

Former WSIB chair writes critical editorial

WSIAT decision could mean end of fun?

Ontario's Workplace Safety and Insurance Board (WSIB) began the commemoration of its 100th anniversary with a new website. It also released a report based on 2013 statistics that demonstrates how workplace accidents continue to decline in Ontario.

The WSIB instituted several new policies as part of its Benefits Policy Review in November, most notably it developed a controversial new pre-existing conditions policy.

In June, former WSIB chair Odoardo Di Santo wrote a scathing editorial in the Toronto Star, criticizing the current regime's focus on cost-cutting and upcoming policy changes. In response, the WSIB’s Kate Lamb wrote an editorial emphasizing the positive outcomes achieved by the organization. Click here to read Clear Path's take on this "War of Words."

The WSIB announced that it was freezing 2015 premium rates for most rate groups, the exception being Local Government Services as a result of expanded coverage under the recently passed presumptive legislation for cancers involving firefighters.

Two controversial decisions from the Workplace Safety and Insurance Appeals Tribunal (WSIAT) may have lasting impacts for employers. It ruled that an employee who injured himself playing volleyball during his lunch break at his workplace was entitled to WSIB benefits. Might this make employers cautious about having any recreational or fitness activities on their premises? Of even greater concern was the WSIAT decision that declared that stress provisions in WSIAT were unconstitutional. Will this lead to a huge increase in stress claims?

Union leaders complained about NEER rebates being awarded to “dangerous employers” who had workers killed or seriously injured at work.

Statutory holidays make headlines:

Manitoba renames Civic Holiday as Terry Fox Day

Federal government may become stat holiday

Unprecedented attack on Parliament Hill

Manitoba renames August Civic Holiday as Terry Fox Day (read more about this unusual holiday)
Ottawa considers making Remembrance Day a national statutory holiday following terrorist attacks that resulted in deaths of soldiers Patrice Vincent and Nathan Cirillo, though not everyone agrees

Clear Path's 2014:

Thank you so much to all our customers and contacts for an incredible year

As of February 2014, all Clear Path's workshops and webinars were approved for HRPA Recertification (or CPD) hours as part of professional development activities.

We were happy to have HR consultant Jennifer Ferron join our team. She has a particular specialty in compensation plan development and is able to assist our customers in both English and French.
Our HR consultants came under new designations as a result of changes at the HRPA, along with all HR professionals in the province. Previous CHRP (Certified HR Professionals) are now designated as CHRL (Certified HR Leaders). For further details about all three new HR designations, click here.

We hope you have enjoyed this quick look back at the year that was 2014 and are excited about everything that is to come in 2015. Contact us at Clear Path if we can answer any of your HR or WSIB Claims Management questions.

We'd love to connect with you!

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