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
John Mastoras
Non-Solicitation Provisions: Go Narrow or Risk Unenforceability
By John Mastoras on
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…
Federally Regulated Employers Prohibited From Discriminating Based on Gender Identity
By John Mastoras on
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…
Employers may be justified in requesting an independent medical examination as part of the procedural aspect of the duty to accommodate
By John Mastoras on
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…
Foot and bicycle couriers may be entitled to a tax deduction that’s easy to swallow
By John Mastoras on
The digital age has revolutionized the way we eat out. At the tap of a finger we can now enjoy our favourite restaurant-cooked meals in the comfort of our own homes. This “dining in” trend has speckled bike lanes with couriers sporting thermal backpacks. As the trend is on an upswing, bicycle and foot couriers…
Toronto firefighters in hot water over vulgar tweets
By John Mastoras on
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…
Application for interlocutory injunction preventing implementation of random drug and alcohol testing of TTC employees denied
By John Mastoras on
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…
Union-friendly amendments to the certification process included in Ontario Bill 148, Fair Workplaces, Better Jobs Act
By John Mastoras on
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…
Misclassification of Workers under the Fair Workplaces, Better Jobs Act, 2017 (Bill 148)
By John Mastoras on
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…
Dismissed employee failed to mitigate by choosing retraining over applying for comparable re-employment
By John Mastoras on
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…