On April 29, 2014, the Ontario Legislature passed Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Royal Assent was given on the same day. Bill 21 will amend the Employment Standards Act, 2000 (the “Act“) to add three new job-protected leaves of absence effective October 29, 2014 – family caregiver leave,…
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Bill 21, Leaves to Help Families Act, Coming Into Force October 29, 2014
On April 29, 2014, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2014, as amended by the Standing Committee on General Government, passed Third Reading in the Ontario Legislature and received Royal Assent. As previously reported, the Bill will allow eligible employees to take the following job-protected unpaid leaves of absence: •Family Caregiver Leave…
Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has released a schedule for coordinated, proactive enforcement blitzes under both the Employment Standards Act, 2000 and the Occupational Health and Safety Act in 2014-2015. The MOL schedule sets out province-wide, sector-specific “Provincial Blitzes, as well as smaller-scale “Provincial Initiatives” and “Regional Initiatives.”
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
OHSA Consultation on Implementation of Working at Heights Training
The Ministry of Labour is consulting on the implementation of the Working at Heights Training Program Standard released on December 19, 2013. Specifically, a regulatory proposal outlining amendments to O. Reg. 297/13 (Occupational Health and Safety Awareness and Training) under the Occupational Health and Safety Act (“OHSA”) would, if adopted, require employers subject to O. Reg. 213/91…
Ontario Government Proposes New Public Sector Compensation Restraint Legislation
On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
The Canadian Bar Association Publishes an Article by Rachel Arbour and Andrea Yau
An article authored by Hicks Morley’s Rachel Arbour and Andrea Yau was published in the March 2014 edition of The Canadian Bar Association‘s National Pensions and Benefits Law Section Newsletter. The article entitled, “No deemed trust applied to plans wound up during CCAA” discusses the Ontario Superior Court of Justice’s decision in Re Grant Forest…
B.C. Court of Appeal Stays Decision Rendering Teachers’ Collective Bargaining Legislation Unconstitutional, Pending Appeal
In our blog post of February 18, 2014, “British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation,” we reported that the B.C. Supreme Court declared Bill 22, legislation relating to teachers’ collective bargaining rights, unconstitutional. The Court concluded that this legislation was “essentially identical” to earlier legislation (Bill 28) that…
Ontario Moving Closer to Creating Statutory Presumption for PTSD Claims Made by Emergency Response Workers
Managing mental illness flowing from workers’ compensation claims may become more difficult for emergency management services employers in Ontario. On February 27, 2014, Bill 67, the Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014, passed Second Reading in the Ontario legislature with all-party support, and was referred to Committee for consideration. If passed,…
Arbitrator’s Remedy Includes Waiver of Sunset Provision
In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…