The Supreme Court of Canada (“SCC”) recently decided in York Region District School Board v. Elementary Teachers Federation of Ontario that the Canadian Charter of Rights and Freedoms (“Charter”) applies to Ontario public school boards. Specifically, the application of the s. 8 right to be free from unreasonable search and seizure in the workplace. The […]
A string of recent decisions released by the Alberta Human Rights Tribunal (“the Tribunal”) confirmed the evidence required to support claims for discrimination under the Alberta Human Rights Act (“the Act”). More stringent, clearer standards will allow employers to navigate requests for accommodation with less fear of grievances or claims arising under the Act. Although […]
Bill 5-58, An Act to Amend the Canada Labour Code and the Canada Industrial Relations Board Regulations (“the Bill”) was recently passed through the House of Commons and is awaiting Royal Assent. It proposes changes to the Canada Labour Code (“CLC”) that will further prohibit the use of temporary replacement workers in federally-regulated workplaces during […]
Even after most COVID restrictions have been lifted, a recent decision upheld the right of employers to mandate health standards in the workplace. In May 2024, Robin Francis v. Canada (AG) confirmed that workers who fail to comply with workplace vaccination policies are guilty of wilful misconduct, and thereby disqualified from receiving Employment Insurance. Dr. […]
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), formerly known as Bill S-211, is the country’s new legislation intended to combat modern slavery. Enacted in 2023, this Act addresses the presence of forced and child labour in global supply chains, requiring companies to report the measures they have taken […]
In 2019, the Ontario legislature passed Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act (“Bill 124”), which imposed a 1% cap per year on increases to salary rates and compensation for three years for employees in the broader public sector and was introduced by the Ontario government as a measure to […]
In today’s dynamic work landscape, businesses are continuously seeking innovative ways to optimize efficiency and productivity. Among the myriad of strategies, leveraging Artificial Intelligence (AI) has emerged as a powerful tool for tracking and monitoring employee performance. In 2022, the Ontario government amended the Ontario Employment Standards Act, 2000 (the “ESA”) to require employers that […]
The Ontario Superior Court of Justice’s decision in Boyer offers a cautionary tale to employers about the importance of drafting, documenting, and communicating workplace policies and employment contracts. Mr. Boyer worked for Callidus as a Vice President of underwriting and portfolio management from 2009 to 2016. Notably, Mr. Boyer’s employment agreement was oral. Around 2014, […]
Koshman v. Controlex Corporation, 2023 ONSC 7045 was a wrongful dismissal action which proceeded on a default basis. The Ontario Superior Court awarded a terminated employee over $570,000, including $100,000 in aggravated and punitive damages, after finding that the employer attempted to destroy the employee’s reputation. The plaintiff, Martin Koshman (“Koshman”), was employed with the […]