On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…
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Ontario Court of Appeal Finds Plaintiff Did Not Fail to Mitigate, Upholds $50,000 Aggravated Damages Award for Manner of Dismissal
A recent Court of Appeal decision provides an illustration of when an employee may successfully claim they were unable to mitigate due to physical incapacity. It also provides a reminder of the factors a court will examine to determine if an employee is entitled to aggravated damages for the manner of dismissal. Krmpotic v. Thunder…
Ontario Announces Proposed Fine Increases and Further Requirements for Publicly Advertised Job Postings Under the Employment Standards Act, 2000
On May 3, 2024, the Ontario government announced it will table legislation that, if passed, would amend the Employment Standards Act, 2000 (ESA) to increase fines for ESA violations and impose obligations on larger employers with respect to their publicly advertised job postings. Increased Fines Amendments to the ESA would increase the maximum fine for…
The College of Nurses of Ontario Seeks Feedback on Proposed Amendments to the Educational Requirements for Registered Nurses and Registered Practical Nurses
The College of Nurses of Ontario (CNO) has announced a public consultation on proposed amendments to O. Reg. 275/94 under the Nursing Act, 1991 that would amend the educational requirements for registration as a registered nurse (RN) or registered practical nurse (RPN). These proposed amendments were developed based on feedback received during an initial public…
Important Amendments Made to the Temporary Help Agency and Recruiter Licensing Framework in Ontario
On July 1, 2023, a new licensing regime was introduced under the Employment Standards Act, 2000 for any temporary help agency (THA) or recruiter operating in Ontario. Of significant concern to many recruiters and THAs was the requirement to provide a $25,000 irrevocable line of credit in order to be licensed. While the new regime…
Firefighter and “Super Indexing” Amendments to the Workplace Safety and Insurance Act, 1997 in Force May 1, 2024, and More
On May 1, 2024, the following amendments made to the Workplace Safety and Insurance Act, 1997 (WSIA) by Bill 149, Working for Workers Four Act, 2024, will come into force. Additional Indexing Factor The WSIA currently permits annual adjustments to Workplace Safety and Insurance Board (WSIB) benefits on the basis of an indexing factor, as…
Ontario Proposes Changes to Sick Leave Under the Employment Standards Act, 2000
The Ontario government has announced it is proposing changes that would restrict an employer from requiring a medical note to substantiate an unpaid sick leave day under the Employment Standards Act, 2000 (ESA). Currently, an employee who has been employed for at least two consecutive weeks is entitled to up to three days of unpaid…
Supreme Court of Canada: Exclusion of Managers from Definition of “Employee” in Québec Labour Code Does Not Violate the Charter
On April 19, 2024, the Supreme Court rendered Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec in which it concluded that the exclusion of managers from the definition of “employee” in the Québec Labour Code (Code) does not violate the right to freedom of association found…
Federal Budget 2024 Tabled
On April 16, 2024, the federal government tabled its 2024 Budget, “Fairness for Every Generation” (Budget). While much of the Budget is focused on topics such as housing, strengthening the economy and making the cost of living more affordable, it also includes a number of initiatives that will have implications for employers, pension plan administrators…
Understanding “Safe Sport” Sanctions and Disciplinary Issues Under the Universal Code of Conduct
Introduction Disciplinary issues and related sanctions can arise in any organization, but they can be especially challenging to navigate in relation to safe sport. The federal government has committed to addressing harassment, discrimination and abuse in sport by requiring all federally funded sport organizations to adopt the Universal Code of Conduct to Prevent and Address…