On October 15, 2022, the federal government published a proposed Regulation Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products). The proposed Regulation would amend the sanitation provisions in the Occupational Health and Safety Regulations (OHS Regulations) made under Part II (Occupational Health and Safety) of the Canada Labour Code. The proposed Regulation…
Practice Area: Employment Law
Two Recent Class Action Decisions of Note for Employers
In this latest edition of Common Ground? Class Action Updates, we discuss two recent decisions of interest to employers. The first is a certification order relating to a systemic claim of negligence within a workplace. The second considers a plausible methodology to measure compensable loss. Federal Court Certifies Class Action Brought by Current and Former…
Employers Take Note: Employees Entitled to Paid Time Off to Vote in Upcoming Municipal Election
Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections Act, 1996 (Act), all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their…
Federal Government Publishes Proposed Canada Labour Code Regulations Regarding Reimbursement of Work-Related Expenses, and More
On October 1, 2022, the federal government published two proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Regulations) amending the Canada Labour Standards Regulations. The Regulations pertain to the reimbursement of work-related expenses and employee information and the service of documents and regular rate of wages. The proposed Regulations have been published…
Court Finds that Placing Employee on Unpaid Leave for Failure to Comply with Vaccination Policy was not Constructive Dismissal
In Parmar v Tribe Management Inc., the British Columbia Supreme Court recently found that an employee was not constructively dismissed when she was placed on an unpaid leave of absence for refusing to comply with her employer’s mandatory COVID-19 vaccination policy (Policy). The Court held that the employer’s decision to place the employee on the…
Ontario Seeking Feedback on Plan to Expand Benefits Coverage
On September 27, 2022, the Ontario government announced that it is seeking public feedback on its plan to expand benefits like health and dental to workers who need coverage, including those in part-time and precarious jobs, in sectors such as retail, hospitality and the gig economy. This call for feedback follows the government’s appointment of…
Reminder: Employers to Have Electronic Monitoring Policies in Place by October 11, 2022
The Ontario government recently passed Bill 88, Working for Workers Act, 2022. Among other things, Bill 88 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to electronic monitoring of employees. (For more information about Bill 88, see our FTR Now of…
Employers Take Note: New Obligations under Temporary Foreign Workers Program Now in Effect
Amendments to the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act which came into effect on September 26, 2022 place new obligations on employers who employ temporary foreign workers (TFWs). Significantly, these obligations include the requirement for an employer to commit to having an employment agreement in place with the…
Benefits After 65: Arbitrator Dismisses Grievance Challenging Age 65 LTD Cut-off but Awards Life Insurance Coverage Based on Collective Agreement
An Ontario labour arbitrator has upheld a grievance challenging the reduction of life insurance coverage for employees who die after having reached age 65, finding that the relevant provision of the insurance policy had not been incorporated into the collective agreement. In the same decision, the arbitrator dismissed two policy grievances challenging the termination of…
September 19, Day of Mourning: What Employers Should Know
On September 13, 2022, Prime Minister Trudeau announced that September 19, 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral, will be designated a National Day of Mourning and a designated holiday for the public service of Canada (i.e. employees of the Government of Canada’s departments, agencies and other public bodies). The day…