John Mastoras

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Toronto firefighters in hot water over vulgar tweets

Photo of John MastorasBy John Mastoras on Posted in Canada
Two Toronto firefighters found themselves fighting to get their jobs back after some vulgar tweets on their personal Twitter accounts landed them in hot water. The cases of Matt Bowman and Lawaun Edwards demonstrate the importance of ensuring employees understand the reach of their social media accounts. After a National Post article exposed both firefighters … Continue reading

Application for interlocutory injunction preventing implementation of random drug and alcohol testing of TTC employees denied

Photo of John MastorasBy John Mastoras on Posted in Canada
  In Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, Amalgamated Transit Union, Local 113 (ATU) unsuccessfully argued that the implementation of the random drug and alcohol testing of its members should be withheld until the conclusion of the main arbitration hearing addressing the validity of the new drug and alcohol … Continue reading

Union-friendly amendments to the certification process included in Ontario Bill 148, Fair Workplaces, Better Jobs Act

Photo of John MastorasBy John Mastoras on Posted in General
The Fair Workplaces, Better Jobs Act, 2017 (Bill 148) includes a number of union-friendly changes to the certification process in Ontario.  If implemented, the Bill 148 amendments could increase the number of union drives and successful applications for certification. None of the proposed changes affect the construction industry. Currently under the Labour Relations Act, 1995 … Continue reading

Misclassification of Workers under the Fair Workplaces, Better Jobs Act, 2017 (Bill 148)

Photo of John MastorasBy John Mastoras on Posted in Canada, Data privacy and GDPR
On May 23, 2017, the Ontario Government released The Changing Workplaces Review: An Agenda for Workplace Rights Final Report.  The report reviewed numerous aspects of our workforce and the legislation that applies to it.  A portion of the report included a statistic that found a significant increase in the number of individuals that are self-employed … Continue reading

Dismissed employee failed to mitigate by choosing retraining over applying for comparable re-employment

Photo of John MastorasBy John Mastoras on Posted in Canada
In Benjamin v. Cascades Canada ULC, the Ontario Superior Court of Justice reviewed the law surrounding an employee’s duty to mitigate their common law reasonable notice damages arising from wrongful dismissal. In such cases, the onus is on the employer to establish a failure to mitigate, and that onus requires the employer to establish that … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act proposes key reforms for bargaining unit review

Photo of John MastorasBy John Mastoras on Posted in Canada
  Under the current Labour Relations Act, 1995 (“LRA”), once a bargaining unit is certified, any changes to the composition of the bargaining unit are voluntary. Bill 148 proposals, if passed, would amend the LRA to provide that: the Ontario Labour Relations Board (“OLRB”) can review the structure of a bargaining unit if it is … Continue reading

Overtime Entitlement Did Not Extend to Time Spent at Labour Management Meetings

Photo of John MastorasBy John Mastoras on Posted in Canada
In Fabrene Inc. v International Association of Machinists and Aerospace Workers, Local Lodge 2922 employees who were Union Grievance Committee (“UGC”) members unsuccessfully argued that the hours they spent attending Labour Management meetings on their days off constituted compensable overtime. Factual Background The UGC members worked 12-hour day shifts on Monday and Tuesday, 12-hour night … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 proposes considerable changes to equal pay for equal work provisions

Photo of John MastorasBy John Mastoras on Posted in Canada, General
The recently released Fair Workplaces, Better Jobs Act (Bill 148) proposes considerable changes to Ontario’s Employment Standards Act (ESA), including a number of new equal pay for equal work provisions. If passed, Bill 148 would considerably expand the current ESA equal pay provisions, which only contemplate equal pay between the sexes. In particular, the proposed … Continue reading

Ontario Bill 148, Fair Workplaces, Better Jobs Act proposes considerable changes to employers’ scheduling of work

Photo of John MastorasBy John Mastoras on Posted in General
The scheduling of work is one of many areas that would see significant revamping under Ontario’s proposed Fair Workplaces, Better Jobs Act (Bill 148). Bill 148 was recently released in response to the highly anticipated Changing Workplaces Review Final Report, which recommended sweeping changes to Ontario’s Employment Standards Act (ESA) and Labour Relations Act. Bill … Continue reading

Tougher Penalties for ESA Non-Compliance under Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017

Photo of John MastorasBy John Mastoras on Posted in Canada
Tougher Penalties for ESA Non-Compliance under Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 The proposed Fair Workplaces, Better Jobs Act, 2017 (Bill 148) represents the first major overhaul of Ontario’s employment and labours in over two decades.  While many of the Bill 148 amendments are aimed at enhancing the substantive rights of workers, … Continue reading

Corporate Human Rights 2017 Benchmark shows companies at relatively early stage in implementing UN Guiding Principles on Human Rights 

Photo of John MastorasBy John Mastoras on Posted in Canada
The Corporate Human Rights 2017 Benchmark is a pilot project led by a not-for-profit company backed by a number of global investment management firms, governmental departments in the UK, Switzerland and the Netherlands, and various international foundation.  The overarching goal of the Benchmark is to create the first open and transparent public benchmark of corporate … Continue reading

Ontario Government intends to introduce proposed legislation, The Fair Workplaces, Better Jobs Act, 2017

Photo of John MastorasBy John Mastoras on Posted in Canada
Earlier today Ontario Premier Kathleen Wynne and Labour Minister Kevin Flynn unveiled the government’s formal response to the Changing Workplaces Review Final Report and the special advisors’ 173 recommendations for change to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA). Wynne’s Liberal government has not embraced all of those recommendations.  … Continue reading

Sweeping Changes to Ontario’s Labour and Employment Laws Proposed in OCW Final Report

Photo of John MastorasBy John Mastoras on Posted in Canada
Today the Government of Ontario released the much anticipated Changing Workplaces Review Final Report.  As special advisors C. Michael Mitchell and the Honourable John C. Murray note in their report, this is the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single process.  Their … Continue reading

Ontario’s Changing Workplace Review: Final Report Expected Soon

Photo of John MastorasBy John Mastoras on Posted in General
Late last week, in an interview with the CBC, Ontario Minister of Labour, Kevin Flynn said that the Changing Workplace Review Final Report will be publicly available late this spring.  The minister said that the government is currently reviewing the special advisors’ recommendations for changes to the Labour Relations Act and the Employment Standards Act, … Continue reading

Employer’s egregious conduct in the course of a dismissal attracts both moral damages and human rights damages

Photo of John MastorasBy John Mastoras on Posted in Canada
The Court of Appeal for Ontario has recently issued a decision that should serve as a stark reminder to employers to treat employees respectfully and in good faith throughout the termination process. Where an employer’s behaviour dips below a threshold level of decency during the course of a termination, the employer may find itself exposed … Continue reading

Ontario’s Labour and Employment Laws May Be Changing:  Waiting for the Changing Workplaces Review Final Report

Photo of John MastorasBy John Mastoras on Posted in Canada
Over the past month there has been a lot of press and speculation about the status of the changing Workplaces Review and, in particular, when we can expect the final report of the special advisors, former union-side labour lawyer C. Michael Mitchell and former Ontario Superior Court judge and management-side labour lawyer John C. Murray. … Continue reading

Dishonesty in Hiring Process Constitutes Cause for Dismissal

Photo of John MastorasBy John Mastoras on Posted in Canada
A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. The defendant employer, Canada’s leading nuclear energy agency, is required to comply with government rules respecting site access security clearance.  As such, candidates for employment are required … Continue reading

New ESA Personal Emergency Leave and Daily Rest Period Provisions for Ontario’s Automotive Sector Now in Effect

Photo of John MastorasBy John Mastoras on Posted in Canada
On January 1, 2017, amendments to the personal emergency leave and daily rest period provisions under the Employment Standards Act, 2000 (the “ESA”) came into force with respect to the automotive sector. The amendment added section 4 to O Reg 502/06, “Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, … Continue reading

Women who have suffered workplace discrimination in the RCMP may soon be compensated for decades of mistreatment

Photo of John MastorasBy John Mastoras on Posted in Canada, Discrimination and harassment
Since 2012, two class action lawsuits have been filed against the Royal Canadian Mounted Police (RCMP).  The lawsuits allege that current and former female officers and employees were subject to systemic gender-based bullying, discrimination, and harassment in the workplace, causing the affected women to suffer physical and psychological damage, personal expense, and loss of income, … Continue reading

Legislation proposing to add “genetic characteristics” to prohibited grounds of discrimination

Photo of John MastorasBy John Mastoras on Posted in Canada, Discrimination and harassment
Recently, a private member’s bill which proposes to add “genetic characteristics” to the list of prohibited grounds of discrimination under the Ontario Human Rights Code went through its second reading at Queen’s Park and was referred to the committee stage. From an employment law point of view, if this bill is passed into law, the … Continue reading

Back to the Future for Federal Public Service Labour Relations Regime? 

Photo of John MastorasBy John Mastoras on Posted in Canada
The federal government has moved one step closer to making good on its promise earlier this year to restore the pre-2013 public service labour relations regime.  On November 28, 2016, the government tabled legislation to repeal parts of Conservative Bill C-4 (Economic Action Plan, No. 2, Division 17), dealing with essential services, collective bargaining, and … Continue reading

Arbitrator makes further determinations regarding influenza vaccination policies in hospitals.

Photo of John MastorasBy John Mastoras on Posted in Canada, Discrimination and harassment
With the cold weather setting in, flu season is officially in full swing. Last year, Arbitrator Jim Hayes considered whether hospitals could implement policies requiring nurses to either get the flu shot or wear a mask. In the test case decision of Sault Area Hospital and Ontario Nurses’ Association (“Sault Area Hospital”), Arbitrator Hayes found … Continue reading
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