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) 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
Read moreMove 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.
Read moreIn 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.
Read moreEmployment and Social Development Canada (“ESDC”) has announced several new restrictions to Low-Wage Labour Market Impact Assessments (“LMIA”), starting this fall.
Read moreIn 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.
Read moreOn 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.
Read moreIn 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.
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