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 installment, David discusses employer’s ability to communicate with employees during organizing and bargaining, the lack of “Right to work” jurisdictions in Canada, the timing of legal strikes and constitutional protections for labour processes. In the previous installment, David discussed the governing regimes for labour relations, the timing of the union certification process and an employer’s duty to disclose certain information to a train union.
Industry: Long-Term Care and Home Care
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law – Part 1 [Video]
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.
Arbitrator Finds Nurse Not Entitled to Compensation for Time Spent Attending Re-Certification Testing
A recent arbitral decision, South Bruce Grey Health Centre v. Ontario Nurses’ Association, clarifies the issue of compensation for re-certification under the centrally negotiated ONA Collective Agreement with the Participating Hospitals. The two grievances raised the issue of “whether a nurse is entitled to compensation for attending testing for the purposes of re-certification required by the Hospital”.
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!
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.
The First Bill 148 Cases: Overview of Key New ESA Decisions
It has now been 7 months since Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was enacted and cases are beginning to emerge which interpret the new provisions of the Employment Standards Act, 2000 (ESA). In this Minimum Standards Monitor, we review some decisions of particular interest to employers which involve the new personal emergency leave (PEL) requirements, the equal pay for equal work provisions and the new minimum wage entitlements.
2018 Federal Budget Bill Passes
On June 21, 2018, Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent. Bill C-74 is omnibus legislation enacting some of the measures outlined in the 2018 Federal Budget. Among other things, it includes amendments to the following: Employment Insurance Act, to permanently implement the Working While on Claim pilot project; Canada…
Coming Into Force Date of New Smoke-Free Ontario Act, 2017 Postponed
As we previously reported, the new Smoke-Free Ontario Act, 2017 (SFOA) was to come into force on July 1, 2018. That coming into force date has been postponed indefinitely to give the new government an opportunity to review the new regulations related to vaping…
Cannabis Act Regulations Now Available
The federal government has finalized the regulations in support of the Cannabis Act. They include: Cannabis Regulations Industrial Hemp Regulations Qualifications for Designation as Analyst Regulations (Cannabis) Regulations Amending and Repealing Certain Regulations Made under the Controlled Drugs and Substances Act Cannabis Act (Police Enforcement) Regulations The Cannabis Act comes into force on October 17,…
Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language
The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…