In Suncor Energy Inc. v Unifor Local 707A, the Court of Queen’s Bench of Alberta overturned an arbitration panel’s decision to strike down the employer’s random drug and alcohol testing policy on the basis that it failed to consider evidence of security problems in the workplace. The employer, Suncor Energy Inc., operates in the Athabasca […]
On June 10, 2016 amendments the Employment Standards Act, 2000 came into force and clarified procedures for managing tips and gratuities in the workplace. Notably, the amendment defines “tip or gratuity” and bars employers from withholding, deducting from, or causing the return of tips, or other gratuities, except as authorized. The amendments include some exceptions […]
On December 1, 2015, the Government of Ontario passed Bill 113, the Police Record Checks Reform Act, 2015. The Act, which is not yet in force, states what information can be released through police record checks and creates uniformity in disclosure procedures. Consequently, individuals and organizations seeking to obtain police record checks will only be […]
Bill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 received Royal Assent on June 9, 2016. The purpose of the Ontario Retirement Pension Plan was to be a provincially-managed pension plan aimed at providing retirement income to employees without pension plan options at work. On June 20, 2016, Ontario Finance Minister […]
The Ontario government announced that the general minimum wage will be raised from $11.25 to $11.40 on October 1, 2016. The minimum wage rates for liquor servers will increase from $9.80 to $9.90 per hour. This raise, the tenth since 2003, maintains Ontario’s minimum wage as the highest of any province in Canada. Minimum wage […]
In Howard v Benson Group Inc., the Ontario Court of Appeal concluded that employees employed under a fixed term contract that does not provide for early termination without cause, are entitled to payment of the unexpired portion of the contract upon early termination of the contract. The Court of Appeal also stated that the duty […]
The Firm welcomes our new Summer Student, Alexandra Callinan. Alexandra will be entering her second year in the University of Ottawa’s Common Law Program this fall.
The Domestic and Sexual Violence Workplace Leave, Accommodation and Training Act, 2016, or Bill 177, had its second reading on March 10, 2016 and is currently being considered by the Standing Committee on Justice Policy. If passed, the Bill will: Amend the ESA to include definitions of “domestic violence”, “intimate partner”, and “sexual violence.” Require […]
On March 14, 2016, Ms. Esther Brake, a 20 year employee of a McDonald’s franchise, was awarded pay in lieu of notice equivalent to 20 months remuneration totaling $104,499.33. Ms. Brake was put on McDonald’s progressive discipline program and ultimately told that she failed the program and had to “take a demotion or go.” Ms. […]
Effective July 1st, 2016, small organizations with more than 20 employees, but less than 50, are required to submit accessibility compliance reports with respect to customer service under the Accessibility for Ontarians with Disabilities Act. Prior to this amendment, these organizations were exempt from the requirement to file accessibility reports all together. Please note that […]
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