Industry: Municipalities & Municipal Agencies

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

· 2 min read

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

· 3 min read

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

Ontario Government Launches Consultation on New Job Posting Rules Under the ESA

· 2 min read

On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…

Highlights of the 2024 Federal Budget and Budget Bill

· 10 min read

On May 2, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, for first reading. Bill C-69 contains legislation that, if passed, would enact certain measures outlined in the 2024 Budget, “Fairness for Every Generation” (Budget) that was previously tabled on…

Ontario Introduces Working for Workers Five Act, 2024

· 5 min read

On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…

Important Amendments Made to the Temporary Help Agency and Recruiter Licensing Framework in Ontario

· 4 min read

On July 1, 2023, a new licensing regime was introduced under the Employment Standards Act, 2000 for any temporary help agency (THA) or recruiter operating in Ontario. Of significant concern to many recruiters and THAs was the requirement to provide a $25,000 irrevocable line of credit in order to be licensed. While the new regime…

Ontario Proposes Changes to Sick Leave Under the Employment Standards Act, 2000

· 2 min read

The Ontario government has announced it is proposing changes that would restrict an employer from requiring a medical note to substantiate an unpaid sick leave day under the Employment Standards Act, 2000 (ESA). Currently, an employee who has been employed for at least two consecutive weeks is entitled to up to three days of unpaid…

Highlights of the 2024 Ontario Budget

· 7 min read

On March 26, 2024, the Ontario government tabled its 2024 budget, “Building a Better Ontario” (Budget) and Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). In this FTR Now, we highlight information contained in the Budget and Bill 180 that is of broad interest to employers, human resources professionals and pension…