In our FTR Now of April 24, 2009, “Amendments Made to Temporary Help Agencies”, we discussed important new amendments to the Employment Standards Act, 2000 (“ESA, 2000”) outlined in Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008 (“Bill 139”). Today, Bill 139 comes into force. As anticipated, the government of Ontario has…
Practice Area: Employment Law
Effective Pandemic Planning
Employers have a general obligation under health and safety law to take all reasonable precautions in the circumstances to protect their workers. What does this entail, however, in a pandemic situation, such as the one currently facing employers? In our May 1, 2009 FTR Now – “Employer Bulletin: Influenza A(H1N1)” – we discussed some of…
New Rules of Civil Procedure
Effective January 1, 2010, the Rules of Civil Procedure governing all civil litigation matters brought in the Superior Court of Ontario will come into force. This FTR Now highlights some of the key changes that will impact the manner in which employment-related actions are litigated, including wrongful dismissal claims, constructive dismissal claims, and claims for…
Cell Phone And Blackberry Restrictions For Drivers Are Coming Into Force: Is Your Workplace Ready?
CLICK HERE FOR UPDATED INFORMATION ABOUT THE COMING INTO FORCE OF BILL 118 Earlier this year, the Ontario Government passed legislation restricting the use of cell phones and mobile technology devices while operating motor vehicles. In anticipation of its coming into force later this fall, this FTR Now addresses the precautionary measures employers should implement…
Employer Bulletin: Influenza A(H1N1)
You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…
Amendments Made to Temporary Help Agency Bill
On December 10, 2008, we notified clients of the Ontario Government’s plan to amend the Employment Standards Act, 2000 to regulate temporary help agencies. In our FTR Now, “Newsflash: Ontario Government to Amend the Employment Standards Act, 2000”, we discussed the content and impact of Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies),…
Federal Government Consults on Changes to Labour Standards
The Federal Government has launched a consultation process to determine whether changes should be made to federal labour standards legislation, which is found in Part III of the Canada Labour Code (the “Code”) and the Canada Labour Standards Regulations. The consultations cover a wide range of subjects, and, if acted upon, would have a significant…
The Supreme Court Rules on the Enforcement of Restrictive Covenants
In an important decision released today, the Supreme Court of Canada has found that restrictive covenants in employment contracts intended to limit an employee’s right to compete against its employer after the employment relationship ends will be unenforceable if they contain ambiguous language or unreasonable terms, subject only to very limited exceptions. This case sends…
Newsflash: Ontario Government to Amend the Employment Standards Act, 2000
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…