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Canada Employer Liability Issues Employees

Littler

Ontario, Canada Human Rights Tribunal Determines Volunteer Asked to Remove Rainbow Sticker Did Not Experience Discrimination

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In Zanette v. Ottawa Chamber Music Society, 2024 HRTO 998, the Human Rights Tribunal of Ontario (HRTO) dismissed a volunteer’s application alleging discrimination with respect to employment because of sexual orientation,...more

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Littler

Ontario, Canada: Digital Platform Workers’ Rights Act, 2022 Coming into Force on July 1, 2025

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On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).1 The DWPRA did not...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Stikeman Elliott LLP

Coming into force of Bill 42: An Act to prevent and fight psychological harassment and sexual violence in the workplace

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On March 27, 2024, Bill 42, an Act to prevent and fight psychological harassment and sexual violence in the workplace, was assented to by the Lieutenant governor of Québec ("Bill 42"). Jean Boulet, Minister of Labour,...more

Stikeman Elliott LLP

Ontario Updates: New Fines for ESA Contraventions, and Working for Workers Five Act (Bill 190) Proposed

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On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act, 2024 (“Bill 190”), which, if passed, will provide new protections for workers, the key details of which are summarized below. The...more

Mintz - Tax Viewpoints

Canada’s Federal Budget 2024: More Changes to the Stock Option Rules = More Headaches for Employers

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Much of the talk about Canada’s federal budget released on April 16, 2024 (“Budget 2024”) has been concentrated on the increase to the capital gains inclusion rate, highlighted by criticism from the business community that...more

Bennett Jones LLP

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

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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

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Stikeman Elliott LLP

Canada Labour Code: Arbitrator Permits Employer to Offset Entitlement to Statutory Paid Sick Days against Employer-Provided...

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In the recent United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (CA LA) decision (“Cameco Fuel Manufacturing”), the arbitrator allowed a federal employer to deduct an entitlement to Canada...more

Littler

Ontario, Canada Court Decides Wrongfully Dismissed Employee’s Rejection of Offer of Comparable Employment Amounts to Failure to...

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In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

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On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

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Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

Littler

Ontario, Canada Human Rights Commission Publishes Policy on Caste-based Discrimination

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The Ontario Human Rights Commission recently published a policy statement (Policy) pertaining to “caste-based discrimination” under Ontario’s Human Rights Code (Code). The Policy advises organizations that they have a legal...more

Littler

20 Key Developments in Canadian Labour and Employment Law in 2023

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In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments, with links to more detailed articles and commentary....more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Littler

British Columbia Appeal Court Upholds Finding That Employee’s Surreptitious Recording of Conversations with Colleagues Justified...

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In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal (BCCA) upheld the lower court’s dismissal of an employee’s wrongful dismissal claim and its finding that his surreptitious...more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Littler

Ontario, Canada Appellate Court Finds National Day of Mourning to Honour Memory of Queen Elizabeth II Not a Paid Holiday under...

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In Ottawa Police Services Bd. v. Ottawa Police Assn., 2023 ONSC 6225, the Ontario Superior Court of Justice (Divisional Court) (Ont. SCJ (Div. Ct.)) quashed an arbitrator’s decision allowing two grievances that claimed...more

Littler

Ontario, Canada: Amending Regulation Supports Bill 79’s Changes to ESA’s Mass Termination Provisions

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On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published...more

Littler

Canada’s Prince Edward Island Introduces Bill that Would Increase Employees’ Entitlement to Paid Sick Leave

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On November 7, 2023, Prince Edward Island (PEI) introduced Bill 106, An Act to Amend the Employment Standards Act (Bill 106) for First Reading. Bill 106 proposes to increase dramatically the paid sick leave to which employees...more

Littler

Ontario, Canada: Bill 149, Working for Workers Four Act, 2023 Introduced for First Reading

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On November 14, 2023, Ontario introduced Bill 149, Working for Workers Four Act, 2023 (Bill 149), for First Reading. If passed, Bill 149 would, among other things, amend the Employment Standards Act, 2000 (ESA), the Workplace...more

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