Case In Point

Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In

In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…


Ontario Consulting on ESA Exemptions

On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.

Human Resources Legislative Update

Ontario Seeking Input on Occupations Exempted Under ESA

As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…

Human Resources Legislative Update

Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review

On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…

Human Resources Legislative Update

Ontario Proposes Legislation to Protect Access to Abortion Services

As announced earlier this year, the Ontario government has introduced legislation to protect access to abortion services at women’s health clinics or facilities, as well as certain protected service provider offices. Protected service providers are people who work in clinics or certain health professionals who provide, or assist in the provision of, abortion services. If…

Case In Point

Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause

It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…

FTR Views

Pay Equity Plans – Your Compliance Obligations

In this video, Lauri Reesor discusses an organization’s obligations to maintain their pay equity plans and reviews the implications of failing to comply with those obligations. She also talks about the Pay Equity Commission’s investigative powers and provides some tips to put you in a better position, should the Commission coming calling.

FTR Views

Medical Marijuana in the Workplace

With an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond. In this video, Jacqueline Luksha discusses the implications of medical marijuana in the workplace and at places of business, touching on the duties of employers and service providers to accommodate medical marijuana’s use while ensuring a safe work environment. To assist employers and service providers, she provides some best practices on how to meet those obligations.

FTR Views

Emergency Medical Services (EMS) Settlements

Everything a municipality always wanted to know about Emergency Medical Services (EMS) settlements… and more. Watch this video featuring Mark Mason for an overview of current information you, as an employer, should be aware of in reaching settlements with your EMS staff, including percentage increases in recent settlements, current trends, the differences across jurisdictions, hourly rates and comparators.

Human Resources Legislative Update

Ontario Proposes Amendments to ESA Regulations in Anticipation of Bill 148 and to Administrative Monetary Penalties under ESA, EPFN

On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….