In this series, David Bannon walks through some key differences in labo(u)r law that U.S. employers should know when buying, selling or operating a business in Canada. In this instalment, David discusses the governing regimes for labour relations in Canada, the timing of the union certification process and an employer’s duty to disclose certain information to a trade union.
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Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits
The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
Federal Government Reviewing Consultation Feedback on Modernizing the Canada Labour Code
On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.
Universities and Publicly-Assisted Colleges Take Note: Ontario Government Announces New Requirement for Free Speech Policy
On August 30, 2018, the government of Ontario announced that as of January 1, 2019, all universities and publicly-assisted colleges will be required to have a free speech policy that meets a minimum standard specified by the government…
Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code
Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…
BPS Executive Compensation – New Framework Takes Immediate Effect
On August 13, 2018, the Ontario government implemented a new Compensation Framework (New Framework) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA) that came into immediate effect.
Requiring Proof of Eligibility to Work in Canada on a Permanent Basis Discriminatory
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against a potential employee on the basis of citizenship when it required proof of eligibility to work in Canada on a permanent basis as a condition of employment.
Federal Accessibility Legislation Tabled
On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada (Bill), accessibility legislation which will apply to certain federally regulated employers. In its preamble, the Bill states that barriers to accessibility can prevent full and equal participation in society by Canadians with disabilities. If passed and among other things,…