Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note

Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.

Ontario Introduces Plan to Reform Home and Community Care Services

On February 25, 2020, the Ontario government tabled Bill 175, Connecting People to Home and Community Care Act, 2020 (Bill 175). The legislation is intended to improve funding and access to home and community care for patients.

Ontario Labour Relations Board Issues its First “Gig Economy” Decision

In its first “gig economy” decision, the Ontario Labour Relations Board (Board) has concluded that Foodora couriers are dependent contractors and therefore may unionize. Foodora is a web services company that provides an online marketplace platform connecting consumers to restaurants, through the use of couriers. Board’s Test for Dependent Contractor Status In Canadian Union of…

FTR Quarterly – Issue 15

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

“Non-Construction” Employer Deeming Provision under LRA Now in Force

On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…

Bill 66 Passes, Amends ESA, LRA and PBA

On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Bill 66 is omnibus legislation which amends various statutes, including the following employment-related statutes: Employment Standards Act, 2000 (ESA) The ESA has been amended to remove the need for employers to obtain the approval of the Director of Employment Standards in…

Reaching Out – Fourteenth Edition

Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…

School Boards Take Note: Recent Developments of Interest

In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.

More Changes to Workplace Laws Are on the Horizon for Ontario Employers

On December 6, 2018, Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 passed Third Reading and received Royal Assent. On the same date, the government tabled Bill 66, Restoring Ontario’s Competitiveness Act, 2018, omnibus legislation which, if passed, will make significant amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA), the Pension Benefits Act (PBA) and other statutes.

New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available

On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…