On November 2, 2021, the Ontario government announced that it plans to introduce legislation that, if passed, would raise the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. Under the proposed legislation, the minimum wage rate for liquor servers (currently set at $12.55 per hour) would be eliminated. This means…
Publication Type: Blog Post
Ontario Court Denies Injunctive Relief Pending Action Challenging Employer’s Vaccination Policy
On October 29, 2021, Justice Dunphy of the Ontario Superior Court of Justice declined to extend emergency injunctive relief to a group of University Health Network (UHN) employees, seeking reprieve from UHN’s Mandatory COVID-19 Vaccination Policy (Policy) which required employees to either become fully vaccinated against COVID-19 by October 22, 2021, or be terminated from…
Ontario Tables Legislation Regarding Right to Wear Poppy in Workplace During Remembrance Week
On October 28, 2021, the Ontario legislature tabled Bill 38, Remembrance Week Amendment Act, 2021 which, if passed, would amend the Remembrance Week Act, 2016 to provide every worker in Ontario the right to wear a poppy in the workplace during Remembrance Week. An exception would exist if wearing a poppy would pose a hazard…
Ontario Proposes Significant Changes to Long-Term Care Sector
On October 28, 2021, the Ontario government announced a substantial overhaul of the long-term care sector in Ontario, following on the report of the Long-Term Care Commission. On the same date, the government tabled Bill 37, Providing More Care, Protecting Seniors, and Building More Beds Act, 2021. If passed, Bill 37 would repeal the current…
New Guidelines on Employment Equity Reporting
The federal government has published two new employment equity interpretation, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act. IPG 106 “Definitions and interpretations for reporting salary” provides that salary, bonus pay and overtime pay must be included as salary for employment equity reporting purposes….
Appellate Court Finds Former Employee was Provided Notice of Agreement Terms; No Entitlement to Unvested Stock Options
In Battiston v. Microsoft Canada Inc., the Ontario Court of Appeal held that an employee who provided online acknowledgements that he had read the employer’s stock option agreement was bound by the provisions of that agreement (including the termination provisions), whether he had read them or not. Background Facts Mr. Battiston had been employed by…
Updated Guidance on ROE Codes to be Used for Non-Compliance with Workplace Vaccination Policies
On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…
Appellate Court Upholds Cause Termination for Sexual Harassment
The Ontario Court of Appeal has found that an employer had cause to terminate the employment of a senior employee who had sexually harassed a co-worker and refused to take the remedial steps required by the employer. It reversed a lower court decision which found that the employee had been wrongfully dismissed and awarded 20…
Manitoba Court of Appeal Upholds Public Sector Wage Restraint Legislation
In Manitoba Federation of Labour et al v The Government of Manitoba, the Manitoba Court of Appeal upheld the province’s public sector wage restraint legislation that had previously been ruled unconstitutional. The Court based its decision on the fact that the impugned legislation was broad-based and time-limited, and that it preserved a process of consultation…
Ontario Introduces Enhanced COVID-19 Vaccine Certificate and Verify Ontario App
On October 15, 2021, the Ontario government announced that the enhanced COVID-19 vaccine certificate with the official QR (Quick Response) code, as well as the verification app, Verify Ontario, are available for download. These tools are intended to make the process of providing proof of vaccination in order to access certain public settings more secure…