Minimum Standards Monitor

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.

Human Resources Legislative Update

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…

FTR Now

Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…

Federal Post

A Changing Legislative Landscape

Welcome to the latest issue of our Federal Post. In this issue we discuss: best practices for minimizing the risk of workplace sexual harassment, the new prohibition on use of vaping products in federally regulated workplaces, latest developments on the serious sanctions under the Canada Labour Code (Code) and the Criminal Code for health and safety violations, being proactive about Code compliance in light of the incoming power of the Minister of Labour to order an employer to perform an internal audit – see our Code “Compliance Checklist”

Human Resources Legislative Update

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,…

Case In Point

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…

Case In Point

Must Exercise Termination Rights Under Independent Contractor Agreement in Good Faith, Appeal Court Rules

In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…

Human Resources Legislative Update

WSIB Rate Framework Policies Finalized

The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…

HR HealthCheck

Introducing HR HealthCheck – Nurses and Presumptive PTSD Entitlement

Welcome to our first edition of HM HealthCheck, a publication geared to issues of specific interest to our clients in the healthcare sector. We hope you find the information set out below on the new presumptive entitlement for nurses who experience post-traumatic stress disorder (PTSD) helpful and informative. We look forward to bringing you more updates in the future.