Practice Area: Employment Law

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

· 4 min read

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent

· 3 min read

On December 19, 2024, Ontario’s Working for Workers Six Act, 2024  (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…

Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA

· 5 min read

In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…

Highlights from the Federal Government’s 2024 Fall Economic Statement

· 4 min read

On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…

Ontario Government Introduces Municipal Accountability Act, 2024

· 4 min read

On December 12, 2024, the Ontario government introduced Bill 241, Municipal Accountability Act, 2024 (Bill 241). If passed, this proposed legislation would provide the government with the ability to establish a standardized provincial code of conduct for municipalities. Bill 241 also expands the oversight powers of the Integrity Commissioner of Ontario and creates new mechanisms…

Ontario Introduces the More Convenient Care Act, 2024

· 2 min read

On December 2, 2024, the Ontario government introduced the More Convenient Care Act, 2024 (Bill 231). Of particular significance to health care employers and temporary help agencies is new legislation proposed by Bill 231 that would require greater transparency on the use of third-party staffing providers in the health care industry. If passed, Bill 231…