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Category Archives: Employment Standards

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Beyond the Final Report: Government of Ontario charts its own course following the Changing Workplaces Review

Posted in Employment Standards, Labour Relations

Last week, we reported on the Government of Ontario’s release of the Changing Workplaces Review Final Report, which comprehensively reviewed Ontario’s Employment Standards Act, 2000 (the “ESA”) and Labour Relations Act, 1995 (the “LRA”). Today, the Government of Ontario announced its intention to introduce The Fair Workplace, Better Jobs Act, 2017 in response to the 173 recommendations provided by the Final Report.

Notably, the Government of Ontario has proposed several changes that were either not among the recommendations put forward in the Final Report or that substantially diverge from the Final Report’s 173 recommendations, including:

  • Increasing the general minimum wage
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Government of Ontario releases the Changing Workplaces Review Final Report

Posted in Employment Standards, Labour Relations, Policies

The Government of Ontario has now released the much anticipated Final Report of the Changing Workplaces Review. The product of a two-year comprehensive review of employment and labour laws in Ontario, the Final Report contains 173 recommendations that could significantly alter the landscape for workplaces across the province.  Although currently only recommendations, the Government of Ontario has already announced that it will release its proposed “action plan” within the coming weeks. 

Yesterday, the Government of Ontario finally released the Changing Workplaces Review Final Report which comprehensively reviews Ontario’s Employment Standards Act, 2000 (the “ESA”) and Labour Relations Act, 1995 (the … Continue Reading

Hiring Seasonal Workers for the Holidays? 10 Things Employers Need to Know

Posted in Employment, Employment Agreements, Employment Standards, Hours of Work, Occupational Health and Safety, Overtime, Pay, Recruiting, Retail, Seasonal/Temporary Employees, Termination, training, Wage and Hours

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

In preparation for this time of year, we made a list (and checked it twice!) of issues that Ontario seasonal employers should keep in mind in relation to these employees:

Recruitment & Hiring

  • Avoid Human Rights Concerns in Interviews. When hiring employees to work during the holiday season, it may be tempting to ask questions which directly or indirectly result in the disclosure of information relating to the prohibited
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Doing Business in Canada 2016: Read the latest updates to our popular guide

Posted in Employee Obligations, Employment, Employment Agreements, Employment Standards

McT_DBiC_Cover_3D_SEPT2016

McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition reflects legislative changes including:

  • Changes to the Competition Act and Investment Act Canada;
  • and an updated Mergers and Acquisitions chapter including new rules on takeover bids in Canada.

General guidance is included throughout the publication on a broad range of discussions. We also recommend that you seek the advice of one of our lawyers for any specific legal aspects of your proposed investment or activity.… Continue Reading

Employee Travel: Are Your Employees Accruing Overtime Along With Their Air Miles?

Posted in Immigration

Under the Employment Standards Act, 2000 and Ontario Regulation 285/01, “work” is deemed to be performed when an employee is travelling on business, even if that time is non-productive and outside normal business hours. Here are some ways to minimize that liability.

Unless an employee is exempt from overtime, such as a manager, IT professional or a commissioned salesperson, the ESA and its regulations mandate that any time a person spends travelling on business (other than a normal commute) is time “worked” for the purposes of determining employee overtime entitlement.

That means that an employee who is required to … Continue Reading

Vacation in Ontario: 10 Things Employers Need to Know

Posted in Employment Standards, vacation

As many employees take time off from work to enjoy the summer months, employers often have questions regarding the calculation of employees’ vacation pay and the scheduling of their vacation time.

To assist provincially-regulated employers in Ontario, we have compiled a list of the ten statutory vacation requirements employers must meet to comply with Ontario’s Employment Standards Act, 2000 (the “ESA”).

  1. The obligation to provide vacation arises upon completion of each “vacation entitlement year”.  An employee becomes entitled to vacation after each 12-month vacation entitlement year, which usually begins on the employee’s hire date. Where the employer establishes
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Employers Should Take Note – The Interim Report on Ontario’s “Changing Workplaces Review” Is Now Available for Comment

Posted in Employment Standards, Labour Relations, Leaves of Absence, Ministry of Labour

The Interim Report kicks off the next phase of the province-wide consultation on modernizing Ontario’s Employment Standards Act, 2000 and Labour Relations Act, 1995. Employers should note that August 31, 2016 is the deadline for submissions on the Personal Emergency Leave provisions of the ESA and October 14, 2016 is the deadline for all other submissions.

Just over a year ago, we wrote about the public consultations that were taking place as part of the Ontario Ministry of Labour’s (“MOL”) Changing Workplaces Review. This review is part of the MOL’s broader mandate to modernize employment and labour laws in an … Continue Reading

Are the Tides Finally Turning? Ontario Court of Appeal Upholds Termination Provision Providing Only for “Notice” Under the ESA

Posted in Contractual Termination Provisions, Employment Agreements, Employment Standards, Termination

In a recent case, Oudin v Centre Francophone de Toronto (“Oudin”), the Ontario Court of Appeal has offered potential relief to employers whose contractual termination provisions provide an employee with only his or her minimum “notice” entitlement under the Employment Standards Act, 2000 (the “ESA”).

The State of the Law Prior to Oudin

As a general principle, if an employer wants to limit an employee’s entitlements upon a without cause termination to the minimums established by the ESA, the contractual provision must ensure that the employee will be provided with at least their ESA minimum entitlements to notice, … Continue Reading

New Paid and Unpaid Leaves Proposed for Ontario Employees

Posted in Accommodation, Accommodation, Leaves of Absence, Occupational Health and Safety, Sexual Violence, training

Last month, the Government of Ontario introduced two bills which would provide for new leaves under the Employment Standards Act, 2000 as well as new training obligations under the Occupational Health and Safety Act.

Leave proposed for grieving parents

On March 8, 2016, the Government introduced Bill 175, Jonathan’s Law (Employee Leave of Absence When Child Dies), 2016. Under Bill 175, an employee who has been employed by his or her employer for at least six consecutive months will be entitled to a leave of absence without pay of up to 52 weeks if a child of the … Continue Reading

Ministry of Labour Compliance Blitz – The Results are In

Posted in Employment Standards, Hours of Work, Investigations, Ministry of Labour, Overtime, Pay, Wage and Hours

Last year’s Ontario Ministry of Labour (“MOL”) compliance blitz reveals that employers are having difficulty maintaining basic employment standards. From May 1 to July 31, 2015, the MOL conducted a series of workplace inspections which focused on compliance with core elements of the Ontario Employment Standards Act, 2000 (the “ESA”). The inspections targeted mainly sectors that employ “vulnerable or precarious workers” where the nature of employment is seasonal, part-time or temporary. The results do not trend well:

  • Of the 304 workplace inspections conducted by the Ministry, 232 (or 76%) employers were found not compliant with the ESA.
  • Over $361,000 was
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A Brave New World? – Probably Not But Employers Sometimes Have To Deal With 26 Months’ Notice and “Dependant Contractors”

Posted in Contractors, Employee Obligations, Employment, Employment Standards, Pay, Termination

The Ontario Court of Appeal has further shattered the “24 month maximum” myth.  In Keenan v. Canac Kitchens Ltd., the Court of Appeal upheld a Trial Judge’s finding that two long service workers were “dependent contractors” and therefore entitled to 26 months’ reasonable notice on termination.

We do not think that this appeal decision is particularly ground-breaking. While unusual, it is not the first time that a Court has awarded more than 24 months’ notice (we are aware of at least one case where a court awarded 30 months).  Also, dependant contractors have long been a recognized category of … Continue Reading

McCarthy Tétrault launches Québec Employer Advisor blog

Posted in Employment Standards, Labour Relations

McCarthy Tétrault launched its 14th blog today, Québec Employer Advisor, to help clients manage the challenges they face in today’s workplace. The blog provides employers and HR professionals with analysis of the latest legal issues that affect employment-related practices, labour and human resources policies in Québec. In addition to providing clients with insights on the implications of new case law, as well as updates on the latest legislative and regulatory developments, the blog will be regularly updated with practical tips, specifically relevant in the Québec marketplace. We encourage you to visit the blog and subscribe for regular updates.… Continue Reading

Brace yourself, more changes to Ontario’s labour and employment laws likely to come

Posted in Employment Standards, Labour Relations, Policies

Consultations are now underway as part of the Ontario Ministry of Labour’s (“MOL”) Changing Workplaces Review.

Announced in February, the MOL has indicated that the Changing Workplaces Review will focus on potential changes to Ontario’s Employment Standards Act, 2000 and the Labour Relations Act, 1995.  This review is part of the MOL’s broader mandate to implement employment and labour law reforms in their effort to strengthen protections for vulnerable workers and support businesses in today’s evolving economy.  Specifically, the Changing Workplaces Review and consultations seek to address:… Continue Reading

McCarthy Tétrault launches Alberta Employer Advisor blog

Posted in Employment Standards, Human Rights, Labour Relations

McCarthy Tétrault launched its 13th blog today, Alberta Employer Advisor, to help clients manage the challenges they face in today’s workplace. The blog provides employers and HR professionals with analysis of the latest legal issues that affect employment-related practices, labour and human resources policies. In addition to providing clients with insights on the implications of new case law, as well as updates on the latest legislative and regulatory developments, the blog will be regularly updated with practical tips, specifically relevant in the Alberta marketplace. We encourage you to visit the blog and subscribe for regular updates.

 … Continue Reading

When Your Business Becomes My Business – Dealing with Off-Duty Conduct

Posted in Employee Obligations, Employment Standards, Social Media

In the past few days, the issue of an employee’s off-duty conduct and its impact on the employee’s fit for continued employment has been a hot button topic in the news and on social media.

Many have questioned whether employers can or should consider conduct by an employee that occurs in the course of the employee’s personal (i.e. non-working) time. While there is no one-size-fits-all answer to that question, as it depends entirely on the circumstances of the particular case, there is an increasing movement by employers to consider such conduct and to take steps, including disciplinary steps, to address … Continue Reading

Self-Audit Requirement under Ontario’s Employment Standards Act

Posted in Employment Standards

Did you know?  As of May 20, 2015, Ontario employers could be required to self-audit their Employment Standards Act compliance.

The amendments allow Employment Standards Officers to require an employer to:

  • conduct a self-audit of its records, practices or both to determine whether it is in compliance with one or more provisions of the ESA and regulations; and
  • report the findings of such self-audit to the Officer, including any incriminating evidence of an ESA violation.

The Employment Standards Officer must provide the employer with written notice of the audit.  The notice will identify information to be provided in the employer’s … Continue Reading

Grocery Store Employee Bears Cost of Refusing to Work on Sunday

Posted in Employment Standards, Leaves of Absence

An interesting decision was released in the retail sector which discusses a retail employee’s statutory right to refuse to work on a Sunday under the Employment Standards Act, 2000 (“ESA”).  At issue was a new company schedule that would have forced an employee to work additional hours on a Sunday.  The employee not only argued that he could refuse to work on Sunday (as was his right), but that the employer had to reschedule him for another shift so that he would not suffer any weekly loss of hours and pay. The Ontario Labour Relations Board (“OLRB”) found that the … Continue Reading

SCC Constitutionalizes the right to strike for unionized employees

Posted in Employee Obligations, Employment Standards, Labour Relations

On the heels of its labour friendly decision in Mounted Police Association of Ontario v. Canada (“MPAO”) which granted RCMP officers the right to unionize (and which our colleagues in Vancouver wrote about here), the Supreme Court of Canada (“SCC”) released its highly anticipated decision in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4 (“SFL”). In SFL, the SCC was tasked with determining whether the prohibition on the right to strike for public sector employees the Government deemed “essential service employees” was a violation of section 2(d) of Charter of Rights and Continue Reading

A “Without Cause” Dismissal is Not Automatically an “Unjust” Dismissal: A Federal Employment Law Update

Posted in Employment Standards, Labour Relations, Policies

The decision in Wilson v. Atomic Energy of Canada Limited, released by the Federal Court of Appeal (the “FCA”) on January 22, 2015, marks the end of a long-standing tug of war. The FCA held that non-unionized employees in the federal sector do not have a “right to a job” and that dismissal from employment on a without cause basis is not automatically an “unjust dismissal” under the Canada Labour Code (the “Code”).

Part III of the Code provides an adjudication process for non-unionized employees who claim that they have been unjustly dismissed from their employment. An … Continue Reading

Terminated for Tweeting: A Tale of Two Toronto Firefighters

Posted in Employment Standards, Labour Relations, Social Media, Termination

When used properly, social media can be a powerful tool for connecting individuals, marketing businesses and mobilizing the masses behind a cause.   However, many organizations have learned the hard way that inappropriate social media use by employees  can have a detrimental effect on an organization’s reputation.… Continue Reading

Ontario Government Makes Major Changes to Workplace Laws

Posted in Employment Standards, Labour Relations, Occupational Health and Safety, Workers Compensation

Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, has received royal assent and is now the law.  As we have previously reported, this Bill significantly amends workplace laws, including the Employment Sandards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act (“LRA”) and the Workplace Safety and Insurance Act (“WSIA”)

Some of the major changes include:

  • Linking minimum wage increases to the Consumer Price Index. The Government would publish the new minimum wage arising from the formula by April 1st of each year.
  • Eliminating the $10,000 cap on claims for unpaid
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Important Changes to Canadian Temporary Foreign Worker Rules

Posted in Employment Standards

The last few years has seen some major changes to the rules governing the ability of Canadian employers to bring temporary foreign workers into Canada. Recently the government introduced changes to the Temporary Foreign Worker Program which oversees and administers the issuance of opinions(previously called LMO’s or Labour market Opinions) which form the legal basis for work permit eligibility for many temporary foreign workers.

The Labour Market Opinion has now been renamed the Labour Market Impact Assessment (LMIA) and is overseen by Employment and Social Development Canada. One of the more significant changes to the system  is the reclassification of … Continue Reading

A Reminder to Update Your Policies for Three New Job-Protected Leaves for Families

Posted in Employment Standards, Leaves of Absence

 

We wanted to send out a reminder that as of October 29, 2014, employees in Ontario are entitled to three new job-protected leaves (in addition to any entitlement to any other leave under the Employment Standards Act). These new leaves are:

  • Family Caregiver Leave;
  • Critically Ill Child Care Leave; and
  • Crime-Related Death or Disappearance Leave.

We provided a summary of these new leaves earlier this year.

If it has not been done already, employer’s should review their existing policies, procedures and collective agreements as soon as possible to incorporate these new leaves into the workplace.  If you have … Continue Reading

Ministry of Labour Goes After Unpaid Internships

Posted in Employment Standards, Interns, Wage and Hours

Lately, unpaid interns have been on the Ministry of Labour’s radar.  In June 2013 a policy statement was published which reminded employers that most unpaid internships run afoul of the Employment Standards Act, 2000 (“ESA”).  I wrote about this policy statement in a previous post.

In April 2014, arising out of a few high profile incidents involving the Walrus and Toronto Life magazine, the Ministry announced an enforcement “blitz” meant to determine whether unpaid interns in certain sectors of the economy were truly “interns” and therefore exempt from the ESA.  The results of that “blitz” have now been publishedContinue Reading