On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…
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Court Examines Parties’ Intentions and Severability Clause in Upholding ESA-Only Termination Provision
Over the past few years, the Ontario Superior Court has rendered several decisions which consider the enforceability of termination notice provisions in employment contracts that provide only for the Employment Standards Act, 2000 (“ESA”) minimum entitlements. Depending on the specific wording used, many of these provisions have been held to be unenforceable for non-compliance with…
Federal Post – Second Edition
Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…
Private Member’s Bill Targets Temporary Help Agencies
On November 18, 2015, Bill 143, Employment Standards Amendment Act (Temporary Help Agencies), 2015, a Private Member’s Bill was introduced in the Ontario Legislature by a Liberal MPP. The Bill seeks to amend the Employment Standards Act, 2000 (“ESA”) with respect to the regulation of temporary help agencies. SUMMARY OF BILL 143 If passed, Bill…
Ontario to Reform Certain Workplace Laws Relating to Construction Labour, Pensions and Workplace Safety and Insurance
On November 18, 2015, the Ontario government introduced Bill 144, the Budget Measures Act, 2015, omnibus legislation that would, if passed and among other things, implement reforms to construction labour relations, workplace safety and insurance indexing and to certain rules governing multi-employer pension asset transfers. The proposed Bill 144 changes include: Amending the construction industry provisions of…
The Ins and Outs of Developing & Administering an Effective Attendance Management Policy
Agenda One of the biggest costs faced by Ontario employers arises from absenteeism; one of the biggest challenges is putting in place an attendance management program which reflects the needs of the individual workplace while at the same time complying with legal obligations. In this fast-paced session, we will discuss several hot button topics that…
Appeal Court Decision Underscores Importance of Clear Terms of Hire at Outset
In a recent decision, Holland v. Hostopia.com. Inc., the Court of Appeal for Ontario found that a termination provision in an employment agreement purporting to limit the appellant’s entitlements upon termination of employment to the statutory minimums under the Employment Standards Act, 2000 (“ESA”) was unenforceable due to lack of consideration. The appellant had commenced employment…
Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?
In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…
Reaching Out – Ninth Edition
Dear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…
Ontario Introduces Legislation Addressing Sexual Violence and Harassment
On October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 which, if passed, would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters. Among other things, it would: amend the Occupational Health and Safety Act to revise the…