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Miller Canfield

Key Takeaways from Ontario's Working for Workers Act Four, 2023

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In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023 (the “Act”). The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee...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

Ontario, Canada Court Orders Employer to Pay Costs to Discourage Tactical Litigation that Deters Employees from Pursuing Their...

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In Giacomodonato v. PearTree Securities Inc., 2023 ONSC 5628, Ontario’s Superior Court of Justice ordered the employer to pay to the employee the costs of the proceeding in the amount of $830,761 to dissuade employers from...more

Stikeman Elliott LLP

Strikes and picketing in the living room: anti-scab provisions in the age of telework

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The advent of telework and its widespread adoption over the past few years have turned the work world upside down and had a direct impact on the courts’ interpretation of various legislative provisions governing labour law....more

Littler

Canada’s Office of Privacy Commissioner Revises Privacy Guideline on Employee Personal Information

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Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations with respect to employee personal...more

Littler

Ontario, Canada Introduces Bill Prohibiting Strike by School Board Employees Represented by CUPE

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UPDATE: On November 3, 2022, Bill 28, Keeping Students in Class Act, 2022, received Royal Assent. On October 31, 2022, in an unprecedented bid to prevent school board employees represented by the Canadian Union of Public...more

Littler

Alberta, Canada: Bill 17 Receives Royal Assent and Expands Reservist Leave and Bereavement Leave

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On May 31, 2022, Alberta’s Bill 17, Labour Statutes Amendment Act, 2022, received Royal Assent, and the following amendments to Reservist Leave and Bereavement Leave in the province’s Employment Standards Code came into...more

Littler

Ontario, Canada: Some Employees May Be Entitled to Paid Time Off to Vote in June 2nd Provincial Election

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The 2022 Ontario general election will take place on June 2, 2022.  Voters will elect members of the provincial government to serve in the Legislative Assembly. Under Ontario’s Election Act, every employee who is...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Littler

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

Littler

Ontario, Canada: Working for Workers Act, 2022 Introduced and Carried at First Reading

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On the heels of the passage of the Working for Workers Act, 2021, Ontario introduced Bill 88, Working for Workers Act, 2022 (Bill 88) on February 28, 2022, and carried it at First Reading....more

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

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On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Littler

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Littler

Ontario, Canada Passes Law Entitling Workers to Wear a Poppy in the Workplace During Remembrance Week

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On November 9, 2021, Ontario’s Bill 38, Remembrance Week Amendment Act, 2021, received Royal Assent and became law.  Accordingly, the Remembrance Week Act, 2016 was amended, effective November 9, 2021, to provide that every...more

Littler

Canada: British Columbia Office of the Human Rights Commissioner Provides Guidance to Employers on Vaccination Status Policies

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British Columbia’s Office of the Human Rights Commissioner (BCOHRC) recently released A human rights approach to proof of vaccination during the COVID-19 pandemic (Guidance), which offers general advice on how employers and...more

Littler

Ontario, Canada Releases Details About Employer Reimbursement Process for Paid COVID-19 Leave

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Ontario recently enacted Bill 284, COVID-19 Putting Workers First Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to require employers to provide employees up to three days’ pay if they miss work for certain...more

World Law Group

Canada: Q&A - Employer COVID-19 Vaccination Policies

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WLG asked its member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. ...more

Littler

Ontario: Requirements for Mandatory Policies, Training and Postings - March 2021

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Posting: Employment Standards Act, 2000 - The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights. ...more

Littler

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

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A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

Hogan Lovells

USMCA's rapid-response labor mechanism

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The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or...more

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