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
Jan
28
2019
Canada: The Making Ontario Open for Business Act, 2018 Repeals Significant Aspects of Bill 148
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)
Oct
29
2018
Canada: New Obligations Coming into Effect for Employers Affected by Data Breaches
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.
Oct
29
2018
Canada: British Columbia Labour Arbitrator Finds Just Cause For Discipline in Post-Accident Drug Testing Dismissal Case Even Though the Drug Policy Had Been Previously Set Aside
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.
Oct
29
2018
Canada: Recreational Marijuana Is Legal in Canada: Key Legislative Changes that Employers Need to Know
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.
Sep
24
2018
Canada: Federal Government Considering “Right to Disconnect”
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
Sep
24
2018
Canada: Québec’s National Assembly Legislates Changes to Labour Standards
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
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@