Schedule 6 of the Public Sector and MPP Accountability and Transparency Act, 2014, which amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, has been proclaimed into force effective January 1, 2016. Among other things, the amendments will: require institutions to ensure that…
Industry: Social Services
ESA Provisions Imposing Shared Liability for Temporary Help Agencies and Their Clients Coming into Force
On November 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA”) which affect Ontario’s temporary help industry and its clients will come into force. The amendments were contained in Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014, which we previously discussed in our FTR Now of July 21, 2014, Ontario Reintroduces Legislation…
Ontario Minimum Wage to Increase October 1, 2015
On October 1, 2015, the general minimum wage in Ontario will increase from $11.00 to $11.25 an hour. This minimum wage applies to most employees. Minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
Federal Election 2015: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for October 19, 2015. Under the Canada Elections Act (“Act“) all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. In this FTR Now, we…
Arbitrator Upholds Discharge of Long Service Employee with Clean Record for Theft
In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty. The…
Court Awards Consultant 8 Months’ Notice for 2 Years of Service
A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…
Ontario Court Issues Significant and Conservative Decision on Scope of Privacy Tort
On August 31st, the Ontario Superior Court of Justice issued a significant decision on the scope of the common law privacy tort – both declining to recognize a cause of action based on “public disclosure of private facts” and…
Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury
In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…
Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection
In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…
New Temporary Foreign Worker Regulations Impose Monetary Penalties and Bans on Employers for Non-Compliance
Effective December 1, 2015, new Regulations Amending the Immigration and Refugee Protection Regulations (“Amending Regulation”) made under the Immigration and Refugee Protection Act (“Act”) will impose certain penalties on employers who are not in compliance with requirements of the Temporary Foreign Worker Program (“TFWP”). There have been recent changes to the TFWP, including the imposition of…