On October 26, 2017, the Standing Committee on Finance and Economic Affairs (Committee) announced that it intends to hold another round of public hearings in Toronto with respect to Bill 148 next week. Please note the deadline of today at 5:00 p.m. to notify the Committee of an intention to participate in the hearings next…
Practice Area: Labour Relations
Ontario Consulting on ESA Exemptions
On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review
On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…
Medical Marijuana in the Workplace [Video]
With an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond. In this video, Jacqueline Luksha discusses the implications of medical marijuana in the workplace and at places of business, touching on the duties of employers and service providers to accommodate medical marijuana’s use while ensuring a safe work environment. To assist employers and service providers, she provides some best practices on how to meet those obligations.
Emergency Medical Services (EMS) Settlements [Video]
Everything a municipality always wanted to know about Emergency Medical Services (EMS) settlements… and more. Watch this video featuring Mark Mason for an overview of current information you, as an employer, should be aware of in reaching settlements with your EMS staff, including percentage increases in recent settlements, current trends, the differences across jurisdictions, hourly rates and comparators.
Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy
The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…
Ontario Introduces Changes to the Ambulance Act
On September 27, 2017, amendments to the Ambulance Act were tabled as part of Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, omnibus legislation which addresses a number of changes in the healthcare system…
IMEs and the Scope of an Employer’s Communications with IME Examiners
The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…
Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)
Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…