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
Jul
27
2019
Canada: Human Rights Tribunal of Ontario finds dismissal following lengthy unauthorized absence from work not discriminatory
In Joseph v. Tecumseh Community Development Corporation, 2019 HRTO 635, the Tribunal dismissed an application made by an employee whose employment was terminated for unauthorized absenteeism and insubordination. Although the applicant was specifically asked to provide medical documentation substantiating her absence or return to work, she failed to comply with this directive. The applicant asserted the termination of her employment amounted to discrimination on the basis of family status. However, the Tribunal ultimately found the applicant failed to provide any medical evidence that would substantiate this claim
Jun
25
2019
Canada: Minimum Wage Rates Increase in Québec Effective 1 May 2019
On 1 May 2019, the Regulation to amend the Regulation respecting labour standards came into force in Québec, raising the province’s general minimum wage rate by 50 cents to $12.50 per hour. The minimum wage rate for employees in the Québec food industry who are partially compensated by gratuities has risen by 25 cents to $10.05 per hour
Apr
27
2019
Canada: Mitigating Risks in the Face of Mental Distress Claims in Colistro v Tbaytel
This Ontario Court of Appeal decision suggests that accommodation by an employer can help defeat a future claim of intentional infliction of mental distress by an employee
Apr
27
2019
Canada: Federal Privacy Commissioner Begins Public Consultation on Transborder Dataflows
The Federal Office of the Privacy Commissioner has indicated it will be changing its position on cross-border data flows, such that companies disclosing personal information across a border, including for processing, would be required to obtain consent from individuals in order to do so. In order to provide updated guidance to the public, the Officer has begun a public consultation
Apr
27
2019
Canada: Ontario Court of Appeal Confirms that Harassment Is Not a Tort
The recent decision of Merrifield v. Canada (Attorney General), 2019 ONCA 205, confirms that no independent tort of harassment exists in Ontario, especially given existing legal remedies (such as the tort of intentional infliction of mental suffering) to redress harassing conduct
Apr
03
2019
L&E GLOBAL’S EMPLOYMENT LAW OVERVIEWS 2019-2020 GLOBAL EDITION
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
Spanning 6 continents, L&E Global’s member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives. Our members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace.
Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
Mar
27
2019
Canada: Workers’ Compensation Benefits May Now Cover Medical Cannabis in Ontario
On March 1, 2019, the Ontario Workplace Safety and Insurance Board implemented Operational Policy Manual Document No. 17-01-10, “Cannabis for Medical Purposes”. Under this Policy, workers’ compensation benefits may cover reasonable costs of medical cannabis or vaporizers purchased for work-related injuries/illnesses
Mar
27
2019
Canada: Ontario Pay Transparency Update
Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received Royal Assent at the end of 2018, halted the coming into force of the Pay Transparency Act, 2018. As a result, at this time the Pay Transparency Act, 2018 is not in force. The Pay Transparency Act, 2018 will not be in force until and unless proclaimed by the Lieutenant Governor. It is currently unclear when or whether the Pay Transparency Act, 2018 will be proclaimed
Feb
26
2019
Canada: Heller v Uber Technologies Inc: Reconsidering Mandatory Arbitration in Employment and Services Agreements
In Heller v Uber Technologies Inc, 2019 ONCA 1, the Ontario Court of Appeal found that a mandatory arbitration clause—requiring Uber drivers to arbitrate disputes in the Netherlands—was invalid and unenforceable. This decision provides lessons to employers from other jurisdictions that operate in Ontario
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, gdisauro@filion.on.ca; Laura Freitag, Associate, lfreitag@filion.on.ca; and Cassandra Ma, Associate, cma@filion.on.ca.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@