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Ontario Implementing Major Changes to Employment Law
While vaccination mandates and the ongoing pandemic continue to dominate headlines, less attention has been given to the major changes to Ontario employment law currently being proposed at Queen’s Park. A ban on non-compete clauses, a new minimum wage, and a legally protected right to wear poppies in the workplace are just some of what may be coming.
Employee Voting Rights for the 2021 Canadian Federal Election
Canada will hold its election for the 44th Parliament on September 20, 2021. To ensure all eligible Canadians have the opportunity to vote, the Canada Elections Act (the “CEA”) establishes special protections for workers on polling day.
Ontario (Again) Delays Resumption of Temporary Layoff Rules
For a second time, Ontario has extended its freeze of the ordinary rules governing unpaid temporary layoffs. Pursuant to O. Reg. 765/20, issued under the Employment Standards Act, 2000 (the “ESA”), provincially regulated employers in Ontario are now allowed to keep employees off work in response to the COVID-19 pandemic, without pay, during the period of March 1, 2020 to July 3, 2021.
Indoor Face Covering Requirements Extended in Ottawa
Face coverings have become a common feature of daily life in the age of COVID-19. Recent steps taken by both municipal and provincial governments now indicate that mandatory face coverings are here to stay for the foreseeable future.
Increase to Ontario Minimum Wage Takes Effect on October 1, 2020
Since January 1, 2018 the general minimum wage in Ontario has been $14.00 per hour. As of October 1, 2020, it will increase to $14.25 per hour. Under the Making Ontario Open for Business Act, this increase is tied to the Ontario Consumer Price Index for 2020.
Ontario Extends its Freeze on Temporary Layoff Rules
On September 3, 2020, Ontario announced that it had extended its freeze of temporary layoff limitations. Regular layoff rules had been set to resume on September 4, 2020. Pursuant to O. Reg. 492/20, this date has now been pushed back to January 2, 2021.
Paul Willetts Quoted in the Lawyer's Daily
Vey Willetts lawyer Paul Willetts was recently quoted in The Lawyer's Daily. The article, "New federal rules to require interns to be paid minimum wage, students exempt", considers new regulations under the Canada Labour Code that are poised to take effect this fall.
After Ontario’s Declared Emergency Ends, Normal Lay-Off Rules Return
On July 24, 2020, Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Bill”) came into force, bringing an end to Ontario’s declared State of Emergency. Although the declared emergency is over, many emergency orders continue in effect (for an initial period of 30 days beyond July 24, 2020 and subject to subsequent renewal).
Coronavirus (COVID-19): What Ontario Employers Should Know
For the past two months, the attention of the world has been fixed on Wuhan, China, as the epicentre of a new respiratory virus. The 2019 Novel Coronavirus (or 2019-nCoV) has been declared a “Public Health Emergency of International Concern” by the World Health Organization and as of February 8, 2020, there have been eight (8) confirmed cases in Canada.
Q&A: Employment Law for Locally-Engaged Staff of Embassies and Consulates in Canada
Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on how employment law applies to foreign embassies and consulates that engage Canadian citizens and permanent residents to work at their diplomatic missions in Canada (“locally-engaged staff”).
Love at work: considerations for employers in managing office romances
Office romances are nothing new. Many people have, and will likely continue, to meet their partners at work. In recent months, however, and in the wake of the #MeToo movement, office relationships have become something of a hot topic.
Worker Voting Rights during the Canadian Federal Election
The 43rd Canadian Federal Election will be held on October 21, 2019. In advance of Election Day, employees and employers should familiarize themselves with the rules governing voting rights for Canadian workers.
Paul Willetts Interviewed by Global National about Unionization and the "Gig Economy"
Last week, Vey Willetts lawyer, Paul Willetts, was interviewed by Global National News as part of a report looking at the Canadian Union of Postal Workers’ vote to certify couriers working for Foodora (an app-based food delivery company) in Toronto and Mississauga.
Employee’s tweets about confidential settlement payments cost him $50,000.00
The majority of employment disputes are resolved long before they ever reach a court room. Usually, the former employee will agree to accept a sum of money from their previous employer in exchange for executing a release agreement. While the substance of release agreements can vary, they generally share two similarities:
No further liability: The individual agrees that upon receipt of an agreed payment, he/she shall have no further right to seek additional compensation as a result of their employment, or the termination thereof; and
Confidentiality: The individual agrees to keep the terms of settlement confidential.
Medical Cannabis and Safety-Sensitive Jobs: Where can Employers Draw the Line?
Much legal ink has been spilled over the past year about the impact of cannabis legalization on the workplace (see our overview here). At the end of the day, however, the basic rules of the game have not changed. Employees still cannot expect to attend at work while intoxicated. Employers can still insist on sobriety in the workplace. And safety-concerns regarding how to structure operations remain a foremost consideration in any workplace (and in fact are mandated by operation of the Occupational Health and Safety Act).
Ontario superior court confirms that frustration of contract is a two-way street
The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee. In the recent case of Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, the Ontario Superior Court of Justice was asked to revisit this doctrine and opine as to whether an employee, as compared to an employer, can ever assert frustration to end an employment relationship.
Off-Key? The Boston Symphony and Gender-Based Equality in Pay
The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value. In Ontario, we have a number of legal mechanisms that are designed to reduce gender-based wage disparity, however, it remains a reality in far too many workplaces.