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Stay informed of the latest workplace law developments locally, nationally, and globally. From the timely quick read In A Flash to the In-Depth Analysis of various Advisors, Mathews Dinsdale’s team keeps you up-to-date.

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Ontario to Increase Minimum Wage, Effective October 1, 2024

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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Nova Scotia Introduces Legislation Providing New Leaves and Workplace Harassment Obligations

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.

In A Flash

Fair Game: Employer not required to hear employee’s side of the story when terminating for wilful misconduct

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.

In A Flash

Canada announces significant changes to Temporary Foreign Worker Program beginning September 2024

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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Federal Labour Board Says It Has No Power to Review Minister’s Order to End Rail Labour Dispute & Orders Binding Arbitration

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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Ontario Court of Appeal shifts the focus away from “adequacy” of consideration in employment agreements

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.

In A Flash

Ontario Court Denies Certification in “Misclassification” Class Action

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.

In A Flash

New Federal Ban on Replacement Workers

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.

In A Flash

Ontario’s Top Court Upholds Termination of Unvaccinated Worker

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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