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 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.
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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.
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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.
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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
Ontario Announces Working for Workers Five Act
On May 6, 2024, the Government of Ontario announced that it will be introducing the Working for Workers Five Act (the “Act”), building on four previous Working for Workers Acts.
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