The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
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Appellate Court Allows Appeal of Stay in Uber Driver Class Action
The Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff (appellant) on behalf of his fellow class members, Uber drivers, against Uber and its affiliates. The lower court had ruled that an arbitration clause (Clause) embedded in the Services Agreement (Agreement)…
AdvantAge Ontario Webinar: Human Resources Law – The Year in Review
Join this popular annual webinar to hear about important developments in human resources law over the past year, and the key trends to think about for 2019. Topics will include an update on: bargaining trends in the LTC sector; managing the workplace consequences of the legalization of cannabis; the labour and employment impacts of the Making Ontario Open for Business Act, 2018; the impacts of the Police Record Checks Reform Act, 2015 on employers; and more!
OMHRA Winter ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers
The Winter 2018 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “New Enhancements to OMERS Benefits – What Municipal Employers Need to Know”…
“ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice
The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…
Ontario Government Files Regulations Further to Bill 47 Changes to ESA
On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…
Health and Safety Disclosure Obligations: What You Need to Know
What information is a school board required to provide to its joint health and safety committee (JHSC)? Following Arbitrator Parmar’s decision earlier this year in Toronto Catholic District School Board v. Ontario English Catholic Teachers Association (Grievance re Health and Safety) (Award), many unions are demanding that school boards provide additional student-related information to the JHSC. Learn more about the decision – and what your organization should consider before complying with these requests – in this School Board Update.
Senate Passes Bill Proposing Changes to Canada Labour Code and Implementation of Federal Pay Equity Scheme
On December 10, 2018, Bill C-86, Budget Implementation Act, 2018, No. 2, passed Third Reading in the Senate without amendment and is now awaiting Royal Assent. As we reported in our Federal Post of November 2, 2018, Bill C-86 will make significant changes to the Canada Labour Code and will introduce a new federal Pay…
More Changes to Workplace Laws Are on the Horizon for Ontario Employers
On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.
The Right to Disconnect and More: Final Federal Post of 2018
In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…