Arbitrator upholds Decision to fire Employee for Failing to Follow COVID-19 Rules

In the recent decision, Garda Security Screening Inc. v IAM, District 140 (Shoker Grievance) [2020] O.L.A.A. No. 162, an employee’s employment was terminated due to the failure to follow the employer’s COVID-19 rules. The employee signed a statement, annually, confirming she was aware of the employer’s Code of Ethics and that she understood that a […]

Ontario Increased Minimum Wage on October 1, 2020

As of October 1, 2020, the general minimum wage increased across Ontario to $14.25 per hour. Other categories of workers also increased as follows: Student Minimum Wage Individuals who are below the age of 18 who work 28 hours a week or less. $13.40 per hour Liquor Servers Minimum Wage Applies to individuals who serve […]

Supreme Court Clarifies Requirements to Limit Bonus Entitlement upon Termination

In a recent decision from the Supreme Court of Canada, Matthews v. Ocean Nutrition Canada Ltd., the Court clarified the applicable test for limiting an employee’s bonus on their termination. The trial judge concluded that Ocean Nutrition had constructively dismissed Matthews, and that Matthews was entitled to pay in lieu of notice of a 15-month […]

Federally Regulated Employee Bypasses Release – Don’t Settle for 90 days!

In Bank of Montreal v. YanPing Li, the Federal Court of Appeal recently ruled that an employee who falls under the jurisdiction of the Canada Labour Code (the “Code”) may file an unjust dismissal complaint under section 240 of the Code, despite having reached a settlement with her former employer to pay her a lump […]

Superior Court of Ontario strikes down Canada Labour Code Termination Clause

Ontario employers are well aware of the issues relating to poorly written termination clauses. Specifically, in Ontario employers who have termination clauses which are contrary to the Employment Standards Act, 2000, will be liable for common law notice if the employee is terminated without cause. There is little case law with respect to termination clauses […]

Ontario Court of Appeal Changes the law on Termination Clauses Again!

As an employment lawyer for employers, whenever a client asks whether they should have a contract in place for their employees, my answer is always “yes, absolutely!”.  While employment contracts are good for the parties to understand their rights and obligations in the relationship, they also contain important clauses which protect parties’ interests. One of […]

What are the Termination Requirements for Construction Workers in Ontario Again?

As it currently stands, non-unionized construction workers are not entitled to notice of termination, termination pay, or severance pay pursuant to the O.Reg.288/01 of the Employment Standards Act, 2000. A construction employee is defined as follows by the ESA: “construction employee” means, (a) an employee employed at the site in any of the activities described […]

Managing Employees in the Age of COVID-19

Sweeping Changes to the Canada Labour Code Harassment and Violence in the Workplace Regulations

On June 24, 2020, the Minister of Labour announced the new Workplace Harassment and Violence Prevention Regulations that will come into force on January 1, 2021. The regulations will amend the Canada Labour Code, and will replace Part XX of the Canada Occupational Health and Safety Regulations. The following are some highlights of the legislation: […]