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…
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Majority of SCC Finds Employer Exceeded its Management Rights in Implementing Random Alcohol Testing Policy
Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified. In the absence of evidence of an existing workplace alcohol use problem, it concluded that a dangerous workplace was not, on its own, reason…
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…
Provisions of Helping Families in Need Act Proclaimed Into Force
The federal government has fixed June 9, 2013 as the day subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force. These sections amend the Canada Labour Code to provide an unpaid leave to an eligible federally regulated employee whose child…
Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?
In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…
Ontario Introduces Electronic Personal Health Information Protection Bill
On May 29, 2013, the Ontario government introduced Bill 78, Electronic Personal Health Information Protection Act, 2013. If passed, Bill 78 would amend certain statutes with respect to electronic health records. Such amendments would, among other things, add Part V.1, “Electronic Health Records” to the Personal Health Information Protection Act, 2004 (“PHIPA”) which includes: requiring…
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…
Reaching Out – Third Edition
Dear Friends, As we welcome back Spring, which finally seems to be taking hold, it presents an opportunity to do some spring cleaning and dust off common HR issues that bear review before we get too far into 2013. In the Spring edition of Reaching Out, Carolyn Cornford Greaves, an associate in our Toronto office…
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…
The Ongoing Saga of the 24 Hour Firefighter Shift
In recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…