In a recent decision, Holland v. Hostopia.com. Inc., the Court of Appeal for Ontario found that a termination provision in an employment agreement purporting to limit the appellant’s entitlements upon termination of employment to the statutory minimums under the Employment Standards Act, 2000 (“ESA”) was unenforceable due to lack of consideration. The appellant had commenced employment…
Publication Type: Blog Post
Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?
In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…
Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof
The Supreme Court of Canada recently overturned a decision of the Québec Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…
Ontario Introduces Legislation Addressing Sexual Violence and Harassment
On October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 which, if passed, would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters. Among other things, it would: amend the Occupational Health and Safety Act to revise the…
Ontario Passes Legislation to Prevent Proceedings that Limit Freedom of Expression
On October 28, 2015, Bill 52, Protection of Public Participation Act, 2014, passed Third Reading. Bill 52 amends the Courts of Justice Act by adding a section regarding Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings). As stated in the Bill, the purpose of the provision is: (a) to encourage individuals…
Amendments to FIPPA/MFIPPA To Come Into Force January 1, 2016
Schedule 6 of the Public Sector and MPP Accountability and Transparency Act, 2014, which amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, has been proclaimed into force effective January 1, 2016. Among other things, the amendments will: require institutions to ensure that…
Ontario Launches Three-Month AODA Compliance Blitz Targeting Large Retailers
This Fall, the Ministry of Economic Development, Employment and Infrastructure will be leading targeted audits of retail companies with 500 or more employees during a three-month blitz to ensure workplaces and employee practices are accessible and compliant with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Among other things, audited employers will be asked to provide…
Ontario Minimum Wage to Increase October 1, 2015
On October 1, 2015, the general minimum wage in Ontario will increase from $11.00 to $11.25 an hour. This minimum wage applies to most employees. Minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date.
Arbitrator Upholds Discharge of Long Service Employee with Clean Record for Theft
In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty. The…
Changes to Personal Health Information Privacy Legislation Introduced
On September 16, 2015, the Ontario government introduced Bill 119, Health Information Protection Act, 2015, which would amend the Personal Health Information Protection Act, 2004 (“PHIPA”) and repeal and replace the Quality of Care Information Protection Act, 2004 (“QCIPA”). With respect to PHIPA amendments, if passed Bill 119 would, among other things: require health custodians to…