Articles

Author: Charles Muriithi Being Bad on Purpose: Court of Appeal for Ontario Upholds Just Cause Termination for Single Incident of Workplace Sexual Harassment The Court of Appeal’s recent decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, affirms that even a single incident of workplace sexual harassment may amount to just cause for termination. […]

Authors: Ricardo Tisi , Bárbara Zlatar and Ignacia López On 11 March 2022, Law No. 21,431 (the ‘Law’) was published in the Official Gazette, which incorporates into the On April 30th, 2021, Law No. 21,327 (the Law) came into effect.  Under said law, all employers are required to register certain labour documents in the Electronic Labour Registry (hereinafter, the “Registry”). […]

On 7 April 2022, the Ontario Government passed Bill 88, the Working for Workers Act, 2022. Bill 88 is omnibus labour and employment legislation that will: establish employment rights for digital platform workers (including rights to information, minimum wage, and recurring pay periods and pay days) through the enactment of the Digital Platform Workers Rights Act, 2022; amend […]

Author: Emily La Mantia   In Toronto District School Board and CUPE, Local 4400 (PR734 COVID-19 Vaccine Procedure), 2022 CanLII 22110 (ON LA), Arbitrator Kaplan concluded that the Toronto District School Board’s (the “Board”) mandatory vaccination policy did not violate section 7 of the Charter of Rights and Freedoms (the “Charter”) and that the Policy was, on a […]

On 7 April 2022, the Ontario Government passed Bill 88, the Working for Workers Act, 2022. Bill 88 is omnibus labour and employment legislation that will: establish employment rights for digital platform workers (including rights to information, minimum wage, and recurring pay periods and pay days) through the enactment of the Digital Platform Workers Rights Act, 2022; amend […]

On 5 April 2022, the Ontario Minister of Labour, Training and Skills Development announced increases to the general and specialised minimum wage rates under the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”). Effective 1 October 2022, the new statutory minimum wage rates in Ontario will be: Employee Class Current Minimum Wage Rate Minimum […]

Author: Charles Muriithi In the 16 March 2022 issue of the Canada Gazette, the Federal Government filed the Regulations Amending Certain Regulations Made Under the Canada Labour Code, SOR/2022-41 (the “Amending Regulation”). The Amending Regulation revises the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities Regulations and the Administrative Monetary Penalties (Canada Labour Code) Regulations (collectively, the “Regulations”) […]

In Battiston v. Microsoft Canada Inc. the Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer’s stock option agreement was bound by the provisions within, notwithstanding the fact that he had not actually read them. Background Fransic Battiston was employed by Microsoft Canada Inc. for almost […]

In Northern Regional Health Authority v Horrocks, 2021 SCC 423, (“Horrocks”) the Supreme Court of Canada held, in a 6-1 ruling, that the Manitoba Human Rights Commission did not have jurisdiction to hear a human rights dispute in a unionized workplace.  Rather, the Court ruled that, given the legislative framework in Manitoba, labour arbitrators have exclusive […]

Bill 27, Working for Workers Act, 2021 (“Bill 27”) received Royal Assent on December 2, 2021. Now that Bill 27 is in force, employers have a number of new responsibilities, and employees have corresponding workplace rights. In our earlier update, we provided readers with an overview of the wide-ranging changes proposed by Bill 27 at the […]