On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Practice Area: Employment Law
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…
Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2024
A reminder to employers that the Ontario government will increase the general minimum wage to $17.20 an hour (from $16.55 an hour) effective October 1, 2024. This minimum wage applies to most employees. The minimum wage for the following groups also increases on October 1, 2024: If you have any questions about your obligations in connection…
SDRCC Rules That Maltreatment and Abuse Warrant Lifetime Ban On Working With Athletes
Addressing complaints of the maltreatment and abuse of athletes continues to be a developing and hot-button issue in Canadian law. The Sport Dispute Resolution Centre of Canada (SDRCC) recently released its June 27, 2024 decision in Elvira Saadi v Gymnastics Canada (GymCan), which upheld the original decision of a disciplinary panel of Gymnastics Canada (GymCan)…
Digital Platform Workers’ Rights Act, 2022 in Force July 1, 2025
The Digital Platform Workers’ Rights Act, 2022 (Act) was enacted in April 2022 under the Working For Workers Act, 2022, but was not declared in force at that time. On September 5, 2024, the Ontario government proclaimed the Act, and its associated Regulation will come into force on July 1, 2025. The Act establishes minimum wage and other…
Ontario Government Launches Consultation on New Job Posting Rules Under the ESA
On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…
City of Greater Sudbury Exercised Due Diligence in Construction Site Fatality As Appeal Dismissed by Ontario Superior Court of Justice
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Ontario Court Concludes Bank Employee’s Misconduct Amounted to Just Cause for Termination
On July 23, 2024, the Ontario Superior Court of Justice released its decision in Arora v ICICI Bank of Canada, a wrongful dismissal claim filed by a former employee of ICICI Bank of Canada (Bank) terminated for cause. The Court dismissed the case, finding that the plaintiff’s conduct breached his duties of loyalty and good…
Ontario Court Orders Defence Medical Examination of Terminated Employee Alleging Inability to Mitigate
In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer’s motion for a defence medical examination of a former employee who claimed an inability to mitigate their damages due to a mental health condition. This decision makes clear that in appropriate cases, a defendant in a wrongful dismissal lawsuit will…