The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.
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Benefits Canada Publishes an Article by Thomas Agnew on Liability in Mass Terminations
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Court Decision Warns Employers About Financial Liability in Mass Terminations.” Employers should proceed carefully when it comes to mass terminations. A recent court decision in Ontario found the employer’s failure to comply with the Employment Standards Act’s technical posting requirement for mass terminations meant that the notice of termination given prior to the date of the posting was void, exposing the company to potentially significant liability for that period.
Ontario Association of Paramedic Chiefs (OAPC) 2018 Spring Conference
Overview Essential Ambulance Services Agreement Update WSIB Update – Stresses to Worry About Human Rights Update Intoxicants in the Workplace Bill 148 Update – Which End is Up? Sexual Harassment and “#Metoo” Emergency Services Bargaining Landscape Update
Ontario Government Reinstates Prior Public Holiday Pay Formula Effective July 1, 2018
Late on May 7, 2018, the Ontario government announced that it is reinstating the prior public holiday pay formula that pre-dated Bill 148. Ontario Regulation 375/18 was filed on the same day and the reinstatement of the prior formula comes into force on July 1, 2018. The regulation will remain in force until December 31, 2019…
Workplace Law in Canada: A Primer
This Guide provides American employers with an introduction to employment laws and regulations that affect businesses in Canada. It outlines an overview of the main differences between Canadian and U.S. workplace laws.
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
Court Invalidates ESA-Only Termination Clause, Again
In King v DST Systems, the Ontario Superior Court again struck down an Employment Standard Act, 2000 (ESA)-only termination clause – this time for not mentioning benefits.
Ontario Announces Health, Safety and Employment Standards Blitzes
The Ontario government has announced that it will be conducting more than 24 health, safety and employment standards inspection blitzes in 2018-2019 targeted at certain sectors in Ontario, with a view to ensuring statutory compliance. A number of workplaces will be visited, including those in the retail, manufacturing, construction and health care sectors, as well…
PIPEDA Breach of Security Safeguards Regulations Published
Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require private sector organizations to provide notice to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations, Breach of Security Safeguards…
Mandatory Breach Notification Comes to Canada: What To Do About It
It’s been a long time coming, but we finally know that mandatory breach notification is coming to Canada. Beginning November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Privacy Commissioner when a security incident involving personal information results in a “real risk of significant…