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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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Employers' Advisor

Employers’ Advisor September 2024

In this issue: 1) Employers, Think Twice Before You Send That Offer Email – Learnings from Thinkific Labs 2) York Region District School Board v. Elementary Teachers’ Federation of Ontario – Case Summary 3) B.C. Government’s ‘Delivers’ for Online Platform Workers

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In A Flash

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.

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In A Flash

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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OHS & Workers’ Compensation Advisor

Out From Under the Microscope: City of Sudbury Was Duly Diligent in Road Grader Accident

On August 23, 2024, the Ontario Superior Court of Justice (the “SCJ”) dismissed the Crown’s appeal against the trial finding that the City of Greater Sudbury (“City”) had exercised due diligence and should be acquitted of charges under the Ontario Occupational Health and Safety Act (“OHSA”).  The decision is important and has been long- awaited by construction project owners and general contractors after the uncertainty created by the Supreme Court of Canada’s November 10, 2023, decision in this case.  That decision provided a list of potential due diligence factors applicable when an “owner” of a construction project is also an “employer” of workers, such as its own construction quality control inspectors, and held the amount of control an employer exercises over a workplace, is a factor in assessing whether all reasonable care was exercised. Overall, the SCJ decision is a positive one for “owners” and “employers” and provides some helpful takeaways and guidance which we explore below.

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Announcement

We are pleased to announce that Caroline Spindler has joined the Firm’s partnership. Caroline primarily works out of the Halifax, Nova Scotia office but is also associated with our office in Fredericton, New Brunswick.

Employers' Advisor

Employers’ Advisor June 2024

In this issue: 1) Employer Sets the Standard for Response to Discriminatory Conduct 2) Is This Legislation Fare? Court of Appeal Affirms that the TTC Act is Unconstitutional 3) Employers Strike Out at the Picket Line: Federal and BC Governments Amend Labour Codes in favour of Unions and Employees 4) Divisional Court Clarifies Employer Duty to Investigate and Address Sexual Harassment

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