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
In Hawkes v Max Aicher (North America) Limited, 2018 CanLII 125999, the Ontario Labour Relations Board recently clarified that only an employer’s Ontario payroll is considered when calculating severance pay under the Ontario Employment Standards Act, 2000. Employers with international operations may be exempt from the requirement to provide statutory severance pay if their Ontario payrolls are less than $2.5 million
Pursuant to the new Employer Health Tax Act, certain employers in British Columbia are now required to pay to the government for each calendar year a tax equal to 1.95% of the BC remuneration paid by the employer during the calendar year
The Ontario Legislature recently tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for all provincially regulated employers
A new Ontario Court of Appeal, Hampton Securities Limited v Dean, 2018 ONCA 901 provides both guidance and caution to employers in regulated industries when disclosing facts or making complaints to a regulator against former or departing employees
Bill 47, the Making Ontario Open for Business Act, 2018, received Royal Assent on November 21, 2018. The Bill makes several amendments to labour and employment in Ontario, many of which reverse provisions from last year’s Bill 148 (the Fair Workplaces, Better Jobs Act, 2017)
Effective November 1, 2018, the Personal Information Protection and Electronic Documents Act (“PIPEDA”) will require organizations to report any breach of security safeguards to the Privacy Commissioner if the breach creates a real risk of significant harm to an individual’s privacy. The affected individuals will also have to be notified about the breach.
In Teck Coal Limited (Line Creek Operations) v International Union of Operating Engineers, Local 115, 2018 CanLII 69605 (BC LA), a labour arbitration proceeding held in the province of British Columbia, a labour arbitrator upheld the employer’s decision to dismiss an employee who had failed a post-accident drug test, in spite of the fact that the employer’s Illegal Drug and Alcohol Policy had failed an earlier challenge at arbitration.
The federal Cannabis Act, which received Royal Assent on June 21, 2018, makes recreational cannabis legal in Canada as of October 17, 2018. This article provides a short summary of what employers need to know to prepare for this new legislative change.
Canada’s federal government held a broad public consultation with a view to updating the Canada Labour Code, which sets out minimum labour standards for federally regulated employers. Apart from issues pertaining to scheduling, wages and other common consultation topics, this consultation also considered whether changes to the federal rules should include the introduction of a “right to disconnect” from work e-mails and phones
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@