On April, 20, 2022, the Ontario government announced it has directed the Workplace Safety and Insurance Board (WSIB) to explore a potential increase in compensation for workers who become injured or ill on the job. Currently, the WSIB provides maximum wage compensation payments which equal 85% of the worker’s net pre-accident earnings. The government and…
Author: Hicks Morley
Ontario Launches Review of Occupational Illnesses
The Ontario government has announced that it has partnered with the Workplace Safety and Insurance Board to launch a review of the province’s occupational illness system. The review will be conducted by an independent research centre (the MAP Centre for Urban Health Solutions at St. Michael’s Hospital) and will evaluate how occupational illnesses in Ontario…
Ontario Court Requires “Robust” Notice to Allow Class Members to Choose Whether to Opt-Out of Employment Class Action
Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…
Arbitrator Upholds Mandatory Vaccination Policy—Reduced Public Health Measures of No Consequence
In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…
Updated Guidelines for Employers Subject to the Employment Equity Act
The federal government has updated the following interpretations, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP), under the Employment Equity Act (Act). “Communication, Consultation, Collaboration” (IPG 115 ) provides that employers must inform their employees about the purpose of, measures undertaken or planned to implement, and progress made in…
Ontario Minimum Wage to Increase October 1, 2022
On April 5, 2022, the Ontario government announced that the general minimum wage in Ontario will increase from $15.00 to $15.50 per hour on October 1, 2022. This minimum wage applies to most employees. Minimum wage rates will also increase on the same date for the following employees: students under age 18: from $14.10 to…
HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With
In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…
Ontario Tables Pandemic and Emergency Preparedness Bill
On March 29, 2022, the Ontario government introduced A Plan to Stay Open which sets out healthcare initiatives to ensure the healthcare system is better able to respond to a crisis, among other things. On the same day, it tabled Bill 106, Pandemic and Emergency Preparedness Act, 2022 (Bill 106), omnibus legislation which gives effect…
Arbitrator Upholds TDSB Mandatory Vaccination Policy
On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…
New Record-Keeping Requirements under Amended Canada Labour Code Regulations, and More
On March 16, 2022, the federal government published regulations amending the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities Regulations, and the Administrative Monetary Penalties (Canada Labour Code) Regulations to align them with certain amendments made to Part III of the Canada Labour Code (Code) on September 1, 2019. The Code amendments related…