“ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice

The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…

Ontario Government Files Regulations Further to Bill 47 Changes to ESA

On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…

More Changes to Workplace Laws Are on the Horizon for Ontario Employers

On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.

The Right to Disconnect and More: Final Federal Post of 2018

In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…

Bill 57 Referred to Committee – Note Short Deadline for Making Submissions

On November 28, 2018, Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018, was referred to the Standing Committee on Finance and Economic Affairs (Committee). The Committee will meet on Monday December 3, 2018 for public hearings on the Bill. Any request to appear before the Committee must be submitted to the Clerk of…

New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available

On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…

Federal Government Issues Fall Economic Statement

On November 21, 2018, the federal government issued its Fall Economic Statement 2018, “Investing in Middle Class Jobs” (Statement). Among other things, the Statement: reiterates the Budget 2018 commitment of an evidence-based approach towards addressing retirement security and announces that targeted consultations will soon be launched as the government continues to explore ways to enhance…

Legislation Reversing Parts of Bill 148 Passes

On November 21, 2018, Bill 47, the Making Ontario Open for Business Act, 2018, as amended by the Standing Committee on Finance and Economic Affairs, passed Third Reading…

The Law Regarding Service Animals [Video]

Failing to accommodate guide dogs or service animals is potentially a failure to accommodate a disability. There may also be competing rights or obligations to consider when such situations arise in your organization. In this video, Elizabeth Winter takes us through the law regarding service animals – an important area of human rights law – with a focus on best practices for identifying a service animal and your organization’s responsibility to accommodate staff and clients.