In a pair of related decisions, the Ontario Court of Appeal ruled in favour of the bargaining agents for the Participating Nursing Homes (PNH) in their dispute regarding maintenance obligations under the Pay Equity Act (Act) when using the proxy method of comparison. In one of the decisions, the majority of a five-member panel of…
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Further Amendments to Ontario’s Reopening Rules
On March 26, 2021, the Ontario government announced changes to the Rules for Areas in Stages 1, 2 and 3. Numerous amendments have been made to the Shutdown Zone of the Rules for Areas in Stage 1 (note that no public health units are currently in this Zone). These include, but are not limited to:…
Ontario Tables 2021 Budget
On March 24, 2021, the Ontario government tabled its 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy (Budget), and introduced supporting implementation legislation, Bill 269, Protecting the People of Ontario Act (Budget Measures), 2021. In this FTR Now, we highlight certain aspects of the Budget that are of broad interest to…
Federal Government Consults on Gig Economy and Right to Disconnect
On March 18, 2021, the federal government announced that it has launched a consultation for Canadians to share their views on the following issues in federally regulated workplaces: “gig work” (a.k.a work “where workers enter into short-term contracts to complete specific and often one-off tasks, generally through digital platforms”) a “right to disconnect,” for example,…
Court Finds Workplace Violence and Harassment Dispute Falls Within Exclusive Jurisdiction of Labour Arbitrator
The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…
Ontario Announces Changes To Indoor and Outdoor Dining Rules
On March 19, 2021, the Ontario government filed a number of regulatory amendments to the Rules for Areas in Stage 1, Stage 2 and Stage 3 with respect to indoor and outdoor dining. The Rules for Areas in Stage 1, as they apply to the Grey Zone, have been amended to permit restaurants, bars, food…
Supreme Court of Canada Denies Leave to Appeal in Case Where Termination Clause in Employment Contract Found to be Unenforceable
On March 18, 2021, the Supreme Court of Canada dismissed an application for leave to appeal from a decision of the New Brunswick Court of Appeal, Abrams v. RTO Asset Management. In that case, the New Brunswick Court of Appeal (Court) held an employer could not assert that dismissal was for cause where the employer’s…
Arbitrator Rules That Virtual Class Prep Time Arrangement Violates Collective Agreement
On March 5, 2021, Arbitrator Susan Stewart released an award (Award) between the Hamilton Wentworth District School Board (Board) and ETFO dealing with preparation time (prep time) for remote learning elementary teachers in its virtual classes during the current 2020-21 school year. The grievance alleged that the Board had failed to provide prep time in…
Private On-Site Rapid Testing for COVID-19 Expanded
On March 17, 2021, the Ontario government announced that: it has removed certain regulatory restrictions to make it easier to administer private, on-site testing for asymptomatic employees who wish to self-swab for a rapid antigen test on a voluntary basis (and under the supervision of a trained individual) a guide for organizations and individuals who…
Temporary Wage Enhancement For Personal Support Workers and Others to be Extended
The Ontario government has announced that the temporary wage enhancement for personal support workers and direct support workers in publicly funded home and community care, long-term care, public hospitals, and social services sectors will be extended until June 30, 2021. At that time, the wage enhancement will again be reviewed by the government. The temporary…