Leading commentary and perspectives on employment and labor law
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:
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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,…
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…
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.…
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,…
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…
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. …
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. …
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,…
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…
