On May 16, 2022, Employment and Social Development Canada (ESDC) published an invitation to provide feedback with respect to the development of regulations under the federal Pay Equity Act, which came into force on August 31, 2021. This Act establishes a proactive pay equity regime that applies to employers with 10 or more employees in…
Category: Uncategorized
Appellate Court Finds Non-Competition Clause in Employment Agreement to be Unenforceable
In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to be ambiguous and overly broad, and therefore unenforceable. Background In 2014, Mr. Norton, with the assistance of legal counsel, entered into an employment…
Reminder: Employers to Have Disconnecting from Work Policies in Place by June 2, 2022
As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…
IDEL Regulation and Constructive Dismissal at Common Law: Appellate Court Finds Analytical Errors “Tainted” Lower Court Decision, Does Not Rule on Substantive Issue
On May 12, 2022, the Ontario Court of Appeal rendered its highly anticipated decision in the appeal of Taylor v Hanley Hospitality Inc. The lower court had considered the interaction between the Infectious Disease Emergency Leave Regulation(O. Reg. 228/20 or IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive…
Recent Cases of Note
Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…
WSIB Consulting on Rate Setting for Temporary Employment Agencies
The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…
Employers Take Note: Certain Employees Entitled to Paid Time Off to Cast Vote in Provincial Election
The Ontario provincial election will be held on June 2, 2022. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote. In some circumstances, this may require employers to provide certain employees with paid time off to vote. For most of the province, voting…
Federal Budget Bill Proposes Amendments to 10 Days’ Paid Medical Leave of Absence under Canada Labour Code
On April 28, 2022, the federal government tabled Bill C-19, Budget Implementation Act, 2022, No. 1, giving effect to the initiatives found in its April 7, 2022 budget, A Plan to Grow Our Economy and Make Life More Affordable. This Federal Post focuses on the Bill C-19 amendments to the new paid medical leave of…
Ontario Tables Budget 2022
On April 28, 2022, the Ontario government tabled its 2022 Budget: Ontario’s Plan to Build. On the same date, Bill 126, Plan to Build Act (Budget Measures), 2022 was introduced for first reading. From a human resources perspective, the Budget reviews a number of initiatives previously announced (e.g. general minimum wage to increase to $15.50…
Ontario to Maintain Masking and Certain Other COVID-19 Measures Until June 11, 2022
On April 22, 2022, the Ontario government announced that the Office of the Chief Medical Officer of Health (OCMOH) will be maintaining existing masking requirements in select higher-risk indoor settings, as well as all remaining directives issued by the OCMOH in response to COVID-19, until June 11, 2022. This marks a change from the government’s…