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
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
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
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
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
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
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.
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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
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, email@example.com; Laura Freitag, Associate, firstname.lastname@example.org; and Cassandra Ma, Associate, email@example.com.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@