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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In A Flash
Employment and Social Development Canada (“ESDC”) has announced several new restrictions to Low-Wage Labour Market Impact Assessments (“LMIA”), starting this fall.
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In A Flash
In response to a direction from the Minister of Labour under section 107 of the Canada Labour Code, the Canada Industrial Relations Board (“Board”) issued an order on August 24, 2024 ending the work stoppage involving Canadian National Railway Company, Canadian Pacific Kansas City Railway Company, and Teamsters Canada Rail Conference. The Board also imposed binding arbitration on the parties.
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In A Flash
In Giacomodonato v. PearTree Securities Inc., 2024 ONCA 437, the Court of Appeal upheld the lower court’s decision that there was fresh consideration for the plaintiff’s second employment contract and confirmed that courts are concerned with the existence rather than the adequacy of consideration. Therefore, the second employment contract was enforceable and governed the plaintiff’s entitlements on the termination of his employment.
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In A Flash
On June 3, 2024, the Ontario Superior Court dismissed a motion to certify a class action alleging misclassification of independent contractors on the basis of their assignment by a temporary help agency. The Court found that the issue of whether an individual was subject to an agreement to assign under section 74.3 of the Employment Standards Act, 2000, (“ESA”) could not be determined on a class-wide basis.
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In A Flash
On May 27, 2024, the House of Commons unanimously passed Bill C-58 (the “Bill”), which seeks to restrict federally-regulated employers from hiring replacement workers during lockouts or strikes.
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In A Flash
In a recent case, the Court of Appeal confirmed that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. There was, therefore, no obligation for the employer to provide notice of termination or pay in lieu of notice. The Court confirmed the motion judge’s findings, accepting that in the circumstances, all requirements for frustration had been met.
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In A Flash
On May 2, 2024, the Federal Court found that an investigation conducted into various allegations of workplace harassment and violence conducted by the Canadian Border Services Agency (“CBSA”) violated the principles of procedural fairness. As a result, the Court ordered a new investigation, using a different investigator.
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