Planning to Give Notice of Mass Termination under the ESA? What Employers Should Know

In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.

Can Workplace Discrimination Arise Out of a “Non-Traditional” Employment Relationship? The Supreme Court of Canada Says “Yes”

In a recent decision, the Supreme Court of Canada held that workplace discrimination can be perpetrated by someone other than the complainant’s employer or superior. Accordingly, employers should be aware that they may be responsible for discrimination against workers who are not their employees, where a “sufficient nexus” exists between a complainant and a respondent in the employment context. Learn more in this FTR Now.

The Road Ahead: Are You Prepared for Bill 148?

Bill 148, the Fair Workplaces, Betters Jobs Act, 2017 is now in force, having received Royal Assent on November 27, 2017. With it comes substantial changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA), as well as changes to the Occupational Health and Safety Act (OHSA). In this FTR Now, we have consolidated and summarized the information provided to clients previously in a series of updates that tracked the development of Bill 148…

More Changes to Bill 148 after Second Committee Review

On November 16, 2017, the Standing Committee on Finance and Economic Affairs (the Committee) adopted significant amendments to Bill 148, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148). These amendments are in addition to amendments the Committee made in August of this year after First Reading of Bill 148, and are expected to be adopted by the Legislature in the near future.

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Employment Law

While Canada and the United States are alike in many respects, there are a few key differences in employment law that U.S. employers should be aware of if you are considering buying, selling or operating a business in Canada.

Ontario Consulting on ESA Exemptions

On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.

WSIB Issues Final Chronic Mental Stress Policy: What Employers Need to Know

Recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board (WSIB) has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers – read more for what you, as an employer, need to know..