Adrian Ishak

Adrian Ishak provides strategic human resources counselling to private and public sector employers on a domestic and international scale. His expertise focuses on all aspects of employee and labour relations, terminations, wrongful dismissals, employment contracts, and employment policies. He guides clients through employment standards matters, pay and employment equity, and human rights obligations in Canadian common law jurisdictions and Quebec’s civil law jurisdiction. Through his role on various boards and board committees, Adrian developed an interest in the rules of order used by deliberative assemblies in Canada. His work has given him the opportunity to develop an unexpected and highly amateur “expertise” in comparative parliamentary procedure.

Latest Articles

Employers requesting that employees undergo independent (or second) medical examinations (“IME“) can breathe a sigh of relief. Previously, such employers ran the risk of an IME request being unjustified or ordered in bad faith, and as a potential basis for, or a contributor to, a subsequent discrimination complaint or wrongful dismissal lawsuit. The difference between justified and unjustified IME requests becomes much clearer following the Ontario Human Rights Tribunal’s (“HRTO“) recent decision in Bottiglia v.
Employers and employment lawyers take heed; you cannot paint with broad strokes when it comes to human rights issues. So says the Ontario Human Rights Tribunal in a recent decision that limits the application of a Supreme Court of Canada (the “SCC“) ruling last year that seemed to restrict the reach of human rights legislation in the context of partnership agreements.…
Good news for employers! The Alberta Court of Appeal recently upheld a termination resulting from the violation of its workplace drug policy. The decision in Stewart v Elk Valley Coal Corporation demonstrates the effectiveness of a well-sculpted company drug policy in justifying termination decisions, particularly in the context of human rights obligations relating to the duty to accommodate addictions. In this case, the court appreciated that the employer went to great lengths to a) demonstrate…
Employers and management-side employment and labour law attorneys have long commented on the uncertainty inherent in human rights complaints and the outcome of such complaints before adjudicators. The seemingly ever-moving target of what constitutes discrimination and what an employer must do in order to eliminate discrimination in the workplace up to the point of undue hardship prevents parties from truly understanding their respective roles and obligations. Until very recently, damages for human rights infringements were…
The holiday season is upon us and so is festive cheer. Employment Insurance (“EI”) may not be at the top of, if at all on, employer holiday and New Year’s checklists, however, aiming to save in the New Year may well be. The EI Premium Reduction Program (the “Program”) allows employers to save on their annual EI premium contributions. Employers who provide a short-term disability plan to their employees are eligible for the Program if…
In 2005, the Government of Ontario enacted the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), which sets out a framework for developing province-wide standards on accessibility. To date, two sets of standards have been created under AODA: (1) the Accessibility Standards for Customer Service (the “Customer Service Standards”); and (2) the Integrated Accessibility Standards. Most organizations have already complied with the AODA Customer Service Standards. A number of new deadlines related to the Integrated…
1. Introduction In recent years, the lack of accountability and transparency of many public and private organizations has been forcefully brought to the forefront of public attention by the actions of Edward Snowden, Catherine Galliford and numerous others. The actions of these individuals have reignited the discussion over legislative protections for those who disclose the wrongdoings of their employers.…