On June 12, 2018, Québec’s National Assembly enacted Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (the “Act”). This article focuses on some of the key amendments to: (i) vacation and leave requirements; (ii) differential treatment; and (iii) prevention of psychological and sexual harassment
Sep
24
2018
Canada: Termination for Frustration May Constitute Unjust Dismissal Under the Canada Labour Code
In the recent decision of Lewis v Whiteline Trucking Ltd, 2018 CanLII 72555 (CA LA), an adjudicator ruled that the doctrine of frustration of employment did not apply to a determination of whether an employee was unjustly dismissed contrary to the Canada Labour Code
Aug
23
2018
Canada: Arbitrator Concludes that Flexible Paid Time Off Is Distinct from New Personal Emergency Leave Entitlements
In Carillion Services Inc. and LIUNA, Local 183 (Williams), an arbitrator concludes that new Personal Emergency Leave entitlements under the Employment Standards Act, 2000 (“ESA”) are distinct and in addition to an employee’s floater days under a collective agreement. This decision further clarifies the interaction between personal emergency leave under the ESA and other paid leaves provided by an employer
Aug
23
2018
Canada: Enhanced Entitlements for Workers under the Budget Implementation Act, 2018, No 1
Bill C-74, the Budget Implementation Act, 2018, No 1, is omnibus legislation to implement certain provisions of the federal budget that was tabled on February 27, 2018. The Bill received Royal Assent on June 21, 2018 and will amend several pieces of legislation to, among other things, enhance federal employment benefits
Aug
23
2018
Canada: Human Rights Tribunal of Ontario Finds Employer Requirement that Employee Be Permanently Eligible to Work in Canada Discriminatory
In yet another ground-breaking decision of potentially broad application to Ontario workplaces, the Human Rights Tribunal of Ontario determined that imposing a requirement that job applicants prove they are permanently eligible to work in Canada is discriminatory
Jul
27
2018
Canada: British Columbia Raises Minimum Wage; Additional Wage Increases to Come Into Force in 2019, 2020 and 2021
The general minimum wage in British Columbia was raised to $12.65 per hour on June 1, 2018. Barring legislative changes, minimum wages will increase again on June 1, 2019 ($13.85 per hour), June 1, 2020 ($14.60 per hour), and June 1, 2021 ($15.20 per hour)
Jul
27
2018
Canada: Ontario Proclaims the Police Record Checks Reform Act, 2015
The Police Record Checks Reform Act, 2015, which will introduce significant changes to the processing of criminal checks in the province of Ontario, and how the results of such checks may or may not be disclosed to employers, will come into force on November 1, 2018
Jul
27
2018
Canada: Ontario Court of Appeal finds bonus is part of notice entitlement notwithstanding employee’s knowledge of employer policy to the contrary
The Ontario Court of Appeal has held that an employer may not deny payment of a bonus during the notice period unless the company policy of not paying the bonus is clearly expressed in a document governing the bonus payment scheme
Jun
26
2018
Canada – Filion Wakely Thorup Angeletti Webinar – “Labour and Employment Challenges for the Small Business” – Date: June 27, 2018 – 8:00-9:30 EST
On Wednesday, June 27, 2018 from 8:00-9:30 EST, FWTA will host Labour and Employment Challenges for the Small Business, a free webinar that will review the practical challenges small businesses face with respect to common Canadian employment and labour issues. We will review the impact that recent changes in employment legislation is having on small […]
Jun
26
2018
Canada: Human Rights Tribunal of Ontario finds Human Rights Code section allowing employers to exclude employees over 65 years of age from certain benefits unconstitutional
In a ground-breaking decision, with the potential to affect both unionized and non-unionized workplaces, the Tribunal recently determined that a school board could not rely on section 25(2.1) of the Human Rights Code (the “Code”) to justify the blanket exclusion of employees over 65 years of age from extended health, dental and life insurance benefits.
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@