Insights

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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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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In A Flash

New Workplace Investigation Ordered Due to Procedural Flaws

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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In A Flash

Canada Ends Waiver on Off-Campus Work Hour Limits for International Students

Immigration, Refugees and Citizenship Canada (“IRCC”) has announced that it will not extend the temporary public policy which allowed certain international students to work more than 20 hours per week. This fall, IRCC intends to roll-out a new allowance for international students to work up to 24 hours per week off-campus.

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In A Flash

Ontario to Increase Minimum Wage, Effective October 1, 2024

On October 1, 2024, the general minimum wage in Ontario will be increasing from $16.55 to $17.20 per hour, representing an approximate 3.9% increase. This follows a previous increase to the minimum wage last year from $15.50 to $16.55 per hour effective October 1, 2023.

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In A Flash

Ontario Passes Fourth Working for Workers Act

On March 21, 2024, the Government of Ontario announced that it had passed the Working for Workers Four Act, 2023 (the “Act”), which implements a number of legislative amendments to several workplace laws creating further protections for workers in Ontario, as well as further obligations for employers. The changes expand on employee protections provided by a number of other Working for Workers Acts which have been passed by the Government of Ontario since 2021

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In A Flash

Remote Worker Dismissed Over Vaccination Status Denied EI by Federal Court

In Spears v. Canada (Attorney General), 2024 FC 329, the employee, a public servant, was dismissed for misconduct after failing to comply with her employer’s Covid-19 Vaccination Policy, despite her status as a remote worker. Her subsequent application for employment insurance (“EI”) benefits was denied. After two failed appeals, the employee brought the matter before the Federal Court on judicial review. On February 28, 2024, the Federal Court dismissed her application, thereby affirming the original decision to deny her EI benefits.

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In A Flash

IRCC Announces New Entry Requirements for Mexican Citizens Travelling to Canada

On February 29, 2024, Immigration, Refugees and Citizenship Canada (“IRCC”) introduced new entry requirements for Mexican citizens travelling to Canada. As a result, most Mexican citizens will now require a Temporary Resident Visa, rather than an Electronic Travel Authorization (“eTA”), when traveling to Canada by air. This article summarizes these new entry requirements and the impact on Mexican citizens and Canadian employers.

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