In A Flash
On December 19th, 2024, the Court of Appeal for Ontario released its decision in Dufault v Ignace (Township), 2024 ONCA 915 where it upheld the invalidity of a termination clause that defined “cause” more broadly than the “wilful misconduct” threshold under the Employment Standards Act, 2000 (the “ESA”). In so doing, the Court of Appeal confirmed it would not be revisiting its 2020 decision in Waksdale, but refused to weigh in on the merits of other challenges which were successful at the lower Court.
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In A Flash
The Government of Ontario has published the much-anticipated Regulations clarifying the various “new hire information” and “job posting” requirements under the Employment Standards Act, 2000 (the “ESA”) and the “washroom facility” requirements under the Occupational Health and Safety Act (the “OHSA”).
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In A Flash
On November 27, 2024, the Government of Ontario announced that it will be introducing the Working for Workers Six Act, 2024 (the “Act”) building on a number of previous announcements, as well as five previous Working for Workers Acts.
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In A Flash
On October 28, 2024, the Working for Workers Five Act, 2024 (the “Act”) received Royal Assent and became law. Many of the legislative changes are now in force and effect, requiring immediate compliance, while other provisions only come into force on a day to be named by proclamation of the Lieutenant Governor.
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In A Flash
In Bertsch v DatastealthInc., 2024 ONSC 5593, the Ontario Superior Court of Justice (“ONSC”) determined that the termination provisions in the employment agreement, which limited the employee’s termination entitlements to the statutory minimums, were enforceable.
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In A Flash
Advance voting is officially open in the 2024 B.C. Provincial Election, and employers need to prepare for Election Day on October 19, 2024 – to make sure their obligations to employees are met.
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In A Flash
On October 1, 2024 the minimum wage in Ontario will be increasing from $16.55 to $17.20 per hour, representing an approximate 3.9% increase.
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In A Flash
Move over pumpkin spice there’s a new season in town, for Nova Scotia employers at least. On September 5, 2024, the Nova Scotia Government introduced Bill No. 464, Stronger Workplaces for Nova Scotia Act, which proposes significant amendments to the Labour Standards Code (the “Code”), the Occupational Health and Safety Act (the “OHSA”) and the Workers’ Compensation Act. The Bill has passed second reading and is currently before the Law Amendments Committee.
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In A Flash
In Max Aicher (North America) Limited, v Richard Bell, and Director of Employment Standards, the Ontario Labour Relations Board (“OLRB”) confirmed that an employer does not owe a statutory duty of procedural fairness to employees when terminating for wilful misconduct.
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