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Ontario Employers may be Obligated to Remove the Requirement of “Canadian Work Experience” in their job Postings and Hiring Process

January 30, 2024 in /by

The Ontario government has proposed legislation, that if passed, intends to address the labour shortage issues in the province. The changes aim to remove barriers for internationally-trained immigrants by helping more qualified candidates progress in the interview process. Due to the long-standing practice in some regulated industries to require job applicants to have Canadian work […]

The Working for Workers Four Act, 2023, to Provide Greater Protections for Employees in the Restaurant, Service and Hospitality Industry

January 30, 2024 in /by

The Ontario government is introducing legislation, that if passed, would update the province’s Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). The proposed updates under the Working for Workers Four Act, 2023, (“Act”) are aimed at protecting employees in the restaurant, service and hospitality industries. According to studies, 1 in 20 diners left a […]

Ontario Superior Court Provides Guidance on the Interpretation of Arbitration Clauses in Employment Agreements

January 30, 2024 in /by

In Nohdomi v. Callidus Capital Corp., 2023 ONSC 4469, the Ontario Superior Court of Justice confirmed that an arbitration clause is invalid and unenforceable if it contracts out of the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”). In this matter, the plaintiff employee, Daizo Nohdomi (“Nohdomi”), and his employer, Catalyst Capital Group Inc. (“Catalyst”), […]

Ontario Court of Appeal Upholds 30 Months’ Notice for Terminated Employee

November 21, 2023 in /by

In Lynch v. Avaya Canada Corporation, 2023 ONCA 696, the Ontario Court of Appeal found that 30-month notice period was an appropriate award for wrongful dismissal. The appellant, Avaya Canada Corporation (“Avaya”), terminated the employment of the respondent, John Lynch, a professional engineer due to a company restructuring. The respondent had worked for Avaya and […]

Expanding Job Duties without Updating Contract may be Costly for Employers

November 21, 2023 in /by

In the recent Ontario Court of Appeal (ONCA) decision, Celestini v. Shoplogix Inc., 2023 ONCA 131, (“Shoplogix”) the Court confirmed that if an employer substantially changes or expands an employee’s duties and responsibilities, the employer may no longer rely on the employee’s written contract if the contract remains unchanged. In coming to their decision, the […]

Ontario Announces Occupational Illness Registry

November 21, 2023 in /by

On October 10, 2023, the Ontario Government announced that it would be creating Canada’s first-ever Occupational Exposure Registry to address many of the 41 recommendations set out in the province’s recent report: the Occupational Disease Landscape Review. The Registry, which is expected in 2025, intends to track occupational illness that results from workplace exposure to […]

Canada Labour Code to Ensure Access to Menstrual Products at work Starting December 15, 2023

November 21, 2023 in /by

The Federal Government of Canada announced that as of December 15, 2023, all federally regulated workplaces are to begin offering menstrual products available to workers at no cost, for employees in the workplace. The Minister of Labor, Seamus O’Regan, announced that the initiative is intended to improve the well-being of nearly half a million workers […]

Changes to Canada Labour Code: Increase to Notice Period for Individual Terminations Coming February 1, 2024

November 21, 2023 in /by

The Federal Government has recently announced amendments to the Canada Labour Code (the “Code”).  As of February 1, 2024, the Code will provide greater notice of termination periods for employees based on their length of employment. Under the current Code, federally regulated employees are entitled to two (2) weeks’ notice of termination, pay in lieu of […]

Bill S-211, an Act to Fight Modern Slavery in Supply Chains

August 28, 2023 in /by

After several years of unsuccessful attempts, Canada has passed its first bill to combat modern slavery.  Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (the “Act”) will require government institutions and private-sector entities to submit reports identifying the risks […]

Groundbreaking Changes for Skilled Newcomers in Ontario

August 28, 2023 in /by

The Ministry of Labour, Immigration, Training and Skills Development in Ontario has announced its efforts to help internationally-trained immigrants to work in fields of their expertise. Professionals who have studied and trained in other countries will begin to be considered qualified to work in Ontario. Studies from the Ministry of Labour have indicated that only […]