We hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
Practice Area: Employment Law
Canada Heads to the Polls: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for October 21, 2019. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now, we provide guidance to employers on their obligations towards their employees under the Canada Elections Act.
September Update on Changes to the Canada Labour Code
We have reported on the changes to the Canada Labour Code (Code) which came into effect on July 29, 2019 and on September 1, 2019. The federal government has published new Interpretations, Policies and Guidelines (IPGs) in support of some of these changes, as well as a summary of various amendments which have not yet been proclaimed into force and their anticipated in force dates. Proposed regulations for the incoming Part IV, Administrative Monetary Penalties, of the Code have also been recently published for comment.
$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…
Part ll (Occupational Health and Safety) of the Canada Labour Code Now Applies to PESRA Employers
Effective July 29, 2019, the occupational health and safety provisions of the Canada Labour Code now apply to specified employers and employees under the Parliamentary Employment and Staff Relations Act (PESRA).
Further Amendments to the Canada Labour Code Now In Force
On July 29, 2019, a number of amendments to the Canada Labour Code enacted by Bill C-44, the Budget Implementation Act, 2017, No. 1, came into force. The amendments relate to changes to the powers of the Canada Industrial Relations Board, complaints relating to reprisals and the elimination of the role of appeals officers. Learn more in this Federal Post.
Appellate Court Considers Contractual Rights Upon Termination
The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…
Diversity Disclosure Requirements under CBCA in force January 1, 2020
As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…
Significant Canada Labour Code Reforms to Come Into Force September 1, 2019
The federal government has proclaimed September 1, 2019 as the coming into force date for several changes to the Canada Labour Code (Code) as enacted by Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). As a result of co-ordinated coming into force provisions, a number of substantive amendments to the Code contained in Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86) will also come into force on September 1, 2019.
Ontario Budget Bill (Bill 100) Passes
As previously reported, on April 11, 2019, the Ontario government released its 2019 Budget and introduced Bill 100, Protecting What Matters Most Act (Budget Measures), 2019. Bill 100 received Royal Assent on May 29, 2019. Of particular interest to employers and human resource professionals are the amendments made to the following statutes: Public Sector Labour…