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Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the...more

More Legislative Changes on the Horizon for Ontario Employers

On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as...more

Changes to Ontario's Employment-Related Legislation Have Arrived

As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

More Changes to Ontario's Employment-Related Legislation Are on the Horizon

On March 20, 2023, the Ontario government introduced Bill 79, Working for Workers Act, 2023 (Bill 79), which, if passed, will introduce changes to Ontario's Employment Standards Act, 2000 (ESA) and other employment-related...more

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the...more

Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital

The Ontario government has recently passed new legislation, Bill 88: Working for Workers Act, 2022, which includes amendments to the Employment Standards Act, 2000 (ESA), and the Occupational Health and Safety Act, as well as...more

Ontario to Lift Additional COVID-19 Safety Measures on March 21, 2022

Ontario's Chief Medical Officer of Health announced on March 9, 2022 the Province's plan for lifting the majority of the remaining COVID-19 related public health and workplace safety measures. This announcements comes just a...more

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

The Right To Disconnect in Federally-Regulated Workplaces

The "right to disconnect" refers to an employee's ability to not engage in work-related communications (emails, texts, telephone calls, video calls, etc.) while off duty....more

Context Matters: Another Mandatory Vaccination Policy Upheld by an Ontario Arbitrator

In an effort to curb the spread of COVID-19 in the workplace, and in accordance with public health guidance, many Ontario employers have implemented vaccination policies over the past year....more

Ontario Bill 27: Working for Workers Act, 2021 is Now the Law

As you may have heard or read in our earlier blog, Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes, the government introduced Bill 27: Working for Workers Act, 2021 in late October...more

Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes

The Ontario government introduced legislation on October 25, 2021, which if passed, will prohibit non-competes in employment agreements, mandate that employers have a "disconnect from work" policy and require temporary help...more

Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave

Last month, we wrote about a recent decision of the Ontario Superior Court in Coutinho v Ocular Health Centre, which found that employees placed on a temporary leave under O. Reg 228/20 Infectious Disease Emergency Leave (the...more

Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27,...more

Ontario Employers Must Provide Employees Paid COVID-19 Leave

On April 29, 2021, the Ontario Legislature passed the COVID-19 Putting Workers First Act, amending section 50.1 of Ontario's Employment Standards Act, 2000 (ESA). As a result, provincially regulated employers must now provide...more

Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many...more

COVID-19 Screening Now Required for Access to Ontario Workplace

As the number of COVID-19 cases continues to rise in Ontario, Premier Ford announced on September 28, 2020, that Ontario "is in the second wave". As part of measures to flatten the curve during this second wave of COVID-19,...more

Employment Terms that are Harsh and Oppressive Require Additional Notice

In Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court held that a contractual provision (that unambiguously excluded the employee's rights to unvested stock awards after he was terminated without...more

Ontario Employers Face Sweeping Implications for the Enforceability of Termination Clauses

Ontario employers, already grappling with the challenges of managing employee costs during the COVID-19 pandemic, now face the burden of an Ontario Court of Appeal decision that could materially increase many employers'...more

An Alternative to Layoffs—Federal Work Sharing Program Provides Potential Respite from COVID-19 Wage Crunch

As an alternative to engaging in layoffs or reducing work-weeks (which we discuss in Employer's Guide to COVID-19—Managing Issues of Pay), an employer may consider applying for relief under the existing Canadian Work Sharing...more

An Employer's Guide to Responding to the COVID-19 Pandemic

The novel Coronavirus (COVID-19) was first reported in Wuhan, China, on December 31, 2019. Since then, COVID-19 dominates domestic and international news sources as the virus continues to spread globally....more

Courts Will Not Sever Defective Termination Provisions

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees...more

New “Stronger Workplaces” Act Increases Obligations for Ontario Employers

On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014, received royal assent. This amends five employment and labour-related statutes in Ontario in an effort to protect employees. The effect...more

Medical Marijuana in the Workplace: What Employers Need to Know

The Marihuana for Medical Purposes Regulations that became effective on April 1, 2014, could substantially increase the number of Canadians who are using lawfully prescribed medical marijuana. As the number of prescribed...more

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