Long-Term Care Homes Act Regulatory Amendment Proposed

The Ontario government has proposed a regulatory amendment to O. Reg. 79/10 made under the Long-Term Care Homes Act, 2007. The proposed amendment would permit nursing students to administer drugs in long-term care homes under the supervision of a registered nurse or registered practical nurse, in accordance with certain conditions. Any comments on the proposed…

Employment Standards Blitzes Announced for Ontario Workplaces

The Ontario Ministry of Labour has announced that it will conduct province-wide blitzes under the Employment Standards Act, 2000 (“Act”) as a proactive enforcement measure to ensure compliance with the Act. From May 2013 to August 2013, the blitzes will focus on vulnerable workers in certain sectors including manufacturing and distribution, construction and recreation. From October…

Ontario Budget Bill Referred to Committee

On June 5, 2013, Bill 65, Prosperous and Fair Ontario Act (Budget Measures), 2013, carried on recorded division at Second Reading and was ordered referred to the Standing Committee on Finance and Economic Affairs. As previously reported, Bill 65 is legislation which, if passed, will give effect to certain initiatives contained in the Ontario Budget…

Written Notice of Termination Upheld Where Employees Could Not Work during Notice Period

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…

An Employer’s ESA Obligation During Notice Period Where Employees Cannot Work During That Period

Arbitrator Randy Levinson recently found that an employer complied with the provisions of the Employment Standards Act, 2000 (“ESA”) by providing written notice of termination, rather than termination pay, to two employees who could not work during the termination notice period due to disability. The case involved the termination of two employees who were on…

The Employment Standards Act and Employment Contracts

Employers who are party to an employment contract which stipulates an employee is limited to the minimum statutory entitlements upon termination should be sure that those termination provisions are not offside the Employment Standards Act, 2000 (“ESA”). Otherwise, an employer may find that the provisions are not enforceable and that it is liable for payment…

Significant Punitive Damages Awarded by Saskatchewan Court

In the recent case Branco v. American Home Assurance Company, the Court of Queen’s Bench for Saskatchewan ordered $4.5 million in punitive damages against two insurance companies arising from what the court found to be their “cruel and malicious acts” against an injured worker. The case involved a worker who was injured on the job…