In A Flash
On December 19th, 2024, the Court of Appeal for Ontario released its decision in Dufault v Ignace (Township), 2024 ONCA 915 where it upheld the invalidity of a termination clause that defined “cause” more broadly than the “wilful misconduct” threshold under the Employment Standards Act, 2000 (the “ESA”). In so doing, the Court of Appeal confirmed it would not be revisiting its 2020 decision in Waksdale, but refused to weigh in on the merits of other challenges which were successful at the lower Court.
Read more
In A Flash
The Government of Ontario has published the much-anticipated Regulations clarifying the various “new hire information” and “job posting” requirements under the Employment Standards Act, 2000 (the “ESA”) and the “washroom facility” requirements under the Occupational Health and Safety Act (the “OHSA”).
Read more
In A Flash
On October 28, 2024, the Working for Workers Five Act, 2024 (the “Act”) received Royal Assent and became law. Many of the legislative changes are now in force and effect, requiring immediate compliance, while other provisions only come into force on a day to be named by proclamation of the Lieutenant Governor.
Read more
In A Flash
In Bertsch v DatastealthInc., 2024 ONSC 5593, the Ontario Superior Court of Justice (“ONSC”) determined that the termination provisions in the employment agreement, which limited the employee’s termination entitlements to the statutory minimums, were enforceable.
Read more
In A Flash
In 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 more
In A Flash
On 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 more
In A Flash
For the second time this year, the Ontario Government has introduced proposed legislative amendments to several workplace laws under the so-called “Working for Workers Act”. This year’s second iteration – Working for Workers Four Act, 2023 (“Bill 149”, available here) was introduced on November 14, 2023. These proposed changes were announced as part of a larger package that expands on the employee protections provided by the Working for Workers Acts, 2021, 2022 and 2023.
Read more
In-Depth Analysis
In this issue: 1) To Track or Not to Track: Your Organization Needs an Electronic Monitoring Policy for That; 2) Kosteckyj v Paramount: Employee had 25 days to Claim Constructive Dismissal; 3) “Quiet Quitting”: Emerging Issues and the Future of Work
Read more
COVID-19
The British Columbia provincial government has announced B.C. will institute a new, permanent paid sick leave program, effective January 1, 2022.
Read more
