On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Case In Point
From Tweets to Termination: A University Professor’s Controversial Online Conduct
In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…
Case In Point
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
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…
Case In Point
Nurse Not Entitled to Communicable Disease Paid Leave If Not Required to Quarantine/Isolate
In a recent decision of significant importance to the hospital sector, Arbitrator William Kaplan held that a nurse will be entitled to communicable disease leave with pay only where they are required by hospital policy, direction of a public health authority or by law to quarantine/isolate. The paid leave does not apply to circumstances where…
Case In Point
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
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…
Human Resources Legislative Update
Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2024
A reminder to employers that the Ontario government will increase the general minimum wage to $17.20 an hour (from $16.55 an hour) effective October 1, 2024. This minimum wage applies to most employees. The minimum wage for the following groups also increases on October 1, 2024: If you have any questions about your obligations in connection…
Case In Point
Comedy and Satire: Human Rights Considerations in the Writing Room
While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…
Safe Sport
SDRCC Rules That Maltreatment and Abuse Warrant Lifetime Ban On Working With Athletes
Addressing complaints of the maltreatment and abuse of athletes continues to be a developing and hot-button issue in Canadian law. The Sport Dispute Resolution Centre of Canada (SDRCC) recently released its June 27, 2024 decision in Elvira Saadi v Gymnastics Canada (GymCan), which upheld the original decision of a disciplinary panel of Gymnastics Canada (GymCan)…
Case In Point
Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy
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…
Human Resources Legislative Update
Digital Platform Workers’ Rights Act, 2022 in Force July 1, 2025
The Digital Platform Workers’ Rights Act, 2022 (Act) was enacted in April 2022 under the Working For Workers Act, 2022, but was not declared in force at that time. On September 5, 2024, the Ontario government proclaimed the Act, and its associated Regulation will come into force on July 1, 2025. The Act establishes minimum wage and other…