Alors que bon nombre d’employés regagnent progressivement leurs lieux de travail physiques ou leurs chantiers, il est encourageant de constater que les gouvernements ont amorcé la levée des restrictions imposées aux employeurs. En effet, près d’un million de personnes au Canada ont trouvé un emploi entre mai et juin. Cela dit, partout au pays, les … Continue reading
As many employees gradually return to the physical workplace or jobsite, governments are encouragingly lifting restrictions on employers. Indeed, nearly one million people in Canada found jobs between May and June. Nonetheless, employers across the country are continually reassessing how to best position themselves for what remains an uncertain future. In some cases, the need … Continue reading
In this blog post, we provide answers to the following four questions posed by Ontario employers: Can my employees walk off the job for fear of contracting COVID-19? Do I still need to meet my filing deadlines? One of my employees reported having COVID-19 after reporting to work for several days—what do I do? Is … Continue reading
Dans cet article de blogue, nous répondons aux quatre questions suivantes que se posent les employeurs ontariens : Mes employés peuvent-ils quitter leur travail par crainte de contracter la COVID-19? Dois-je toujours respecter mes échéances de dépôt? L’un de mes employés a déclaré être atteint de la COVID-19 après s’être présenté au travail pendant plusieurs jours … Continue reading
The Financial Post interviews Norton Rose Fulbright Canada LLP’s patent and trademark lawyer Maya Medeiros on Artificial Intelligence’s discriminatory biases. Despite all of the advances in the field of artificial intelligence (AI), experts reveal that these technologies are not immune from some of the less-than-admirable tendencies which afflict humans. As recently reported by the Financial … Continue reading
Effective January 1, 2018, employers covered by the Ontario Employment Standards Act, 2000 (ESA) have been required to post version 7.0 of the Ministry of Labour poster “Fair at Work Ontario – What You Need to Know” in the workplace where it is likely to come to the attention of employees. Employers must also provide … Continue reading
Since Ontario Family Day is coming on February 19, please take another look at our posts explaining how Bill 148 amended the public holiday provisions in the Ontario Employment Standards Act. As you may recall, there is a new formula for calculating public holiday pay, plus additional employer obligations when an employee works on a … Continue reading
Under the Ontario Employment Standards Act, 2000 (“ESA”) Ontario has nine public holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day (December 26). Nothing in Bill 148 has changed that. Likewise, an employee who would otherwise be eligible to take the public holiday … Continue reading
Bill 148 reforms have ushered in changes to the public holiday provisions of the Ontario Employment Standards Act, 2000 (“ESA”). This post outlines the new formula for calculating public holiday pay that came into effect on January 1, 2018. Full time, part time, permanent and fixed-term employees can all still qualify for the public holiday … Continue reading
The Ontario Employment Standards Act, 2000 (the “ESA”) is a key employment law statute setting certain minimum terms and conditions of employment applicable to most employees in Ontario. Employers covered by the ESA are required to post “the most recent version” of the Ontario Ministry of Labour poster about rights and obligations under the ESA … Continue reading
Those of you who have been following this series of blogs will know that Bill 148 ESA amendments generally apply to unionized workplaces as of the effective date of the particular amendment. There are a few limited exceptions, however. In yesterday’s post, we addressed how employers with unionized employees may find temporary relief from the … Continue reading
As we explained in yesterday’s post, the Bill 148 amendments to the ESA minimum standards will generally apply to unionized workplaces as of the effective date of the particular amendment. However, there are two circumstances in which a collective agreement provision in effect on April 1, 2018 will temporarily prevail over certain Bill 148 amendments … Continue reading
It is hard to imagine a question more pressing for Ontario employers of unionized employees. For the most part, the Bill 148 amendments to the ESA minimum standards will apply to unionized workplaces as of the effective date of the particular amendment. More specifically, Bill 148 ESA amendments – including with respect to the minimum … Continue reading
Here’s what you need to know. On November 27th The Ontario Fair Workplaces, Better Jobs Act 2017 (Bill 148) received Royal Assent and passed into law. This is hardly likely to be news to anyone, given the amount of press Bill 148 has received and the numerous announcements and backgrounder reports the Ontario government issued … Continue reading
On October 4, 2017 Bill 164, The Human Rights Code Amendment Act, 2017 was introduced into the Ontario Legislative Assembly and passed First Reading the same day. If enacted, it would expand the prohibited grounds of discrimination in the Ontario Human Rights Code (the “Code”) to include immigration status; genetic characteristics; police records; and social … Continue reading
Ontario is one of a few Canadian jurisdictions that does not give its labour board the general authority to review, consolidate and otherwise amend bargaining units. In the Changing Workplaces Review Final Report, the special advisors recommended giving the Ontario Labour Relations Board (“Board”) the power to modify bargaining unit structures, if the Board … Continue reading
The Fair Workplaces, Better Jobs Act, 2017 (Bill 148), introduced on June 1, 2017, proposed adding a new section 6.1 to provisions in the Ontario Labour Relations Act, 1995 (“LRA”) that address union campaigns to establish bargaining rights. Headed “Establishment of Bargaining Rights by Certification”, the new section (which does not apply to the construction … Continue reading
The version of Ontario Bill 148 introduced by Premier Wynne and Labour Minister Flynn in June included significant changes to the personal emergency leave (“PEL”) entitlement under the current Employment Standards Act, 2000 (“ESA”). It eliminated the 50+ employee eligibility threshold, entitling all employees to 2 paid and 8 unpaid PEL days each calendar year. … Continue reading
The Employment Standards Act, 2000 contemplates equal pay between the sexes. As we reported in June, Ontario Bill 148 proposes adding “new equal pay for equal work” provisions that mandate paying casual, part-time, temporary, and seasonal employees be paid the at the same rate as regular full-time employees who perform the same job for the … Continue reading
Scheduling of work under the Employment Standards Act, 2000 (“ESA”) is one of several sections in Bill 148 affected by recent amendments. Currently, the ESA does not regulate an employer’s right to schedule work, aside from providing that an employee who attends a scheduled shift must receive at least three hours’ pay, even if … Continue reading
The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is the Ontario government’s blueprint for overhauling the province’s labour and employment laws. Incorporating union-friendly changes to the Labour Relations Act, 1995 (LRA) and enhanced employee entitlements under the Employment Standards Act, 2000 (ESA), Bill 148 represents a wide swing to the left. It passed First … Continue reading
Employers need to protect their customer base. Employees need to retain control and autonomy over their lives. The potential conflict between basic tenets of the employer-employee relationship are readily apparent in Donaldson Travel Inc v Murphy, 2016 ONCA 649 [Donaldson Travel]. In that recent decision, Ontario Court of Appeal emphasizes the difference between non-solicit … Continue reading
The changes contained in Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code officially came into force on June 19, 2017. Introduced in May 2016, Bill C – 16 amends the Canadian Human Rights Act by adding “gender identity or expression” as a prohibited ground of discrimination. This means … Continue reading
Jurisprudence on independent medical examinations (IME) in the context of the employer’s duty to accommodate is sparse. The Ontario Superior Court of Justice recently provided much-needed guidance in Bottiglia v Ottawa Catholic School Board. In Bottiglia, the Court held that in certain circumstances, an employer may be justified in requesting an IME as part … Continue reading