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.
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
Read moreIn 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.
Read moreOn 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.
Read moreOn 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.
Read moreIn 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.
Read moreOn 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.
Read moreOn 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.
Read moreOn May 3, 2024, the Government of Ontario announced that it would be introducing legislation which, if passed, would increase fines under the Employment Standards Act, 2000 (the “ESA”) and create further obligations on employers during the recruitment and hiring process.
Read moreImmigration, 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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