Category: Uncategorized

Ministry of Labour Consulting on “Safe at Work” Initiatives

· 1 min read

The Ontario Ministry of Labour has announced a consultation entitled “Safe at Work Ontario 2020-21.” The Ministry is seeking information and input from stakeholders in response to specific questions related to the following issues: Hazards The Ministry has identified the top 10 occupational health and safety issues and violations in the workplace. It is asking…

September Update on Changes to the Canada Labour Code – Part 1 [Video]

· 6 min read

With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime, as well as new and amended leaves of absence.

September Update on Changes to the Canada Labour Code – Part 2 [Video]

· 7 min read

With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to request flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime in certain circumstances, as well as new and amended leaves of absence.

Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities

· 5 min read

The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…

Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation

· 4 min read

The Ontario Divisional Court recently considered the issue of whether flexibility offered by an employer to an employee alters a fundamental term of the employee’s employment contract. In Peternel v. Custom Granite & Marble Ltd., the Divisional Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing…

September Update on Changes to the Canada Labour Code

· 4 min read

We have reported on the changes to the Canada Labour Code (Code) which came into effect on July 29, 2019 and on September 1, 2019. The federal government has published new Interpretations, Policies and Guidelines (IPGs) in support of some of these changes, as well as a summary of various amendments which have not yet been proclaimed into force and their anticipated in force dates. Proposed regulations for the incoming Part IV, Administrative Monetary Penalties, of the Code have also been recently published for comment.

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

· 4 min read

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…