In a recent decision, the Ontario Superior Court of Justice held that the defendant bank breached the overtime obligations prescribed by federal labour law, as it failed to properly record actual hours worked and made overtime compensation contingent on pre-approval. This decision underscores the importance of ensuring that hours of work are properly recorded, and that overtime is paid in accordance with the applicable statutory requirements.
The Ontario Government announced that all publicly funded schools in Ontario will be closed for two weeks after March break as a result of the novel coronavirus (COVID-19) outbreak. Some childcare programs which are situated in and operate out of publicly funded schools have also announced that they will be closing over the March Break period. Publicly funded schools are not scheduled to reopen until 5 April 2020, meaning that some workers across the Province may be without pre-arranged childcare for a period of at least three weeks.
2019 Novel coronavirus (coronavirus or 2019-nCoV) has arrived in Canada. While it is not yet known whether the virus will evolve to become a global pandemic, employers in Canada are nevertheless concerned about meeting their obligations to provide workers with a safe and healthy workplace. It is critical for employers to be aware of their legal obligations and to develop a proactive plan to manage feelings of panic and fear – whether irrational or well-founded – which will inevitably ensue. We outline some of the potential issues relating to the coronavirus and provide employers with practical guidance on how to respond to questions and concerns that may arise in the workplace
A recent decision by the Court of Appeal for Ontario highlights the importance of well-drafted employment contracts. Employers should ensure that termination clauses do not, even inadvertently, contract out of the ESA by providing less than minimum entitlements to employees. As this case demonstrates, where an ambiguity in the termination clause exists, Ontario courts will resolve it in favour of employees
While Fixed-term employment contracts may, at first blush, seem like an attractive option, the risks often outweigh the benefits. Therefore, employers should carefully consider the pitfalls of fixed-term employment contracts when deciding how best to structure their workforces
As of 1 January 2020, Ontario’s Workplace Safety and Insurance Board (the “WSIB”) will be replacing its current Schedule 1 employer classification system and premium and experience rating programs with a new “Rate Framework”. Under the Rate Framework, experience rating programs will be eliminated and employers will instead pay prospective and fluctuating premium rates based on their individual claims experience. As of 25 September 2019, the WSIB started notifying employers of their new 2020 premium rates. This same day, the Ontario Government announced a five-year SIB premium freeze for all non-profits operating in the province
It’s that time of the year again! Retail employers are hiring and onboarding seasonal employees in preparation for the upcoming demanding holiday season. Although most seasonal employees are hired for a short term, which often commences in November/December and ends in January, these workers are still “true” employees with legal rights and protections under employment […]
In the recent case of Andros v. Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal held that a termination clause was unenforceable, despite the fact that it explicitly referred to statutory minimums. The Court of Appeal also found that the employee was entitled to a prorated share of an annual bonus during the common law notice period, even though the bonus only became payable after the expiry of the notice period
Bill C-86 introduced a number of amendments to the Canada Labour Code. The bill subsequently received royal assent on 13 December 2018. These amendments will come into effect beginning on 1 September 2019. This article provides a summary of some of the key changes
On 23 May 2019, the Ontario Government announced its appointment of two special advisors, Linda Regner Dykeman and Sean Speer, to review the operations of the Workplace Safety & Insurance Board (“WSIB”). Members of the public have until 26 July 2019 to make submissions to the review team
These articles on Canadian labour and employment law matters have been authored courtesy of the following Filion Wakely Thorup Angeletti (L&E Global Canada) attorneys: Giovanna Di Sauro, Associate, firstname.lastname@example.org; Laura Freitag, Associate, email@example.com; and Cassandra Ma, Associate, firstname.lastname@example.org.For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne, Partner at Filion Wakely Thorup Angeletti (www.filion.on.ca) at rbayne@