The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
Practice Area: Employment Law
Federal Government Reviewing Consultation Feedback on Modernizing the Canada Labour Code
On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.
Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code
Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…
BPS Executive Compensation – New Framework Takes Immediate Effect
On August 13, 2018, the Ontario government implemented a new Compensation Framework (New Framework) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA) that came into immediate effect.
The First Bill 148 Cases: Overview of Key New ESA Decisions
It has now been 7 months since Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was enacted and cases are beginning to emerge which interpret the new provisions of the Employment Standards Act, 2000 (ESA). In this Minimum Standards Monitor, we review some decisions of particular interest to employers which involve the new personal emergency leave (PEL) requirements, the equal pay for equal work provisions and the new minimum wage entitlements.
Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge
The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…
Coming Into Force Date of New Smoke-Free Ontario Act, 2017 Postponed
As we previously reported, the new Smoke-Free Ontario Act, 2017 (SFOA) was to come into force on July 1, 2018. That coming into force date has been postponed indefinitely to give the new government an opportunity to review the new regulations related to vaping…
A Changing Legislative Landscape
Welcome to the latest issue of our Federal Post. In this issue we discuss: best practices for minimizing the risk of workplace sexual harassment, the new prohibition on use of vaping products in federally regulated workplaces, latest developments on the serious sanctions under the Canada Labour Code (Code) and the Criminal Code for health and safety violations, being proactive about Code compliance in light of the incoming power of the Minister of Labour to order an employer to perform an internal audit – see our Code “Compliance Checklist”