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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Tag Archives: Ontario Labour Relations Board

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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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

Ontario Court of Appeal Rules “Sometimes a Swimming Pool Is Just a Swimming Pool”

Posted in Litigation, Occupational Health and Safety

The Ontario Court of Appeal recently released its decision in Blue Mountain Resorts Limited v. Ontario (Labour), 2013 ONCA 75, overturning a Divisional Court decision (2011 ONSC 3057) on the duties of employers and contractors under the Occupational Health and Safety Act (OHSA) to report a death or a “critical injury” to the Ministry of Labour (Ministry). Our previous piece on the onerous requirements on employers resulting from the Divisional Court decision can be found here.

Brief Overview

In this case, a guest of Blue Mountain Resorts drowned in the resort swimming pool. The Divisional

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