In the recent decision of Wronko v. Western Inventory Service Ltd., the Ontario Court of Appeal muddied the waters with respect to an employer’s obligations when seeking to unilaterally modify an existing employment contract. Wronko had been employed by Western Inventory for seventeen years. When a new company President was appointed, the President asked Wronko […]
In the recent decision of Hydro-Québec v. Syndicat des employées de techniques professionnelles et de bureaux d’Hydro-Québec, section locale 2000 (SCFP-FTQ), the Supreme Court clarified the scope of an employer’s duty to accommodate when terminating an employee for disability-related absenteeism. The employee had worked for Hydro-Quebec for 24 years. Between 1994 and 2001, despite the […]
On September 5, 2008, Nunavut’s Bill 33, An Act to Amend the Labour Standards Act, came into effect, resulting in an increase in the minimum wage from $8.50 per hour to $10.00 per hour. The rate will apply to all workers, regardless of age. Intended to reflect the territory’s high cost of living, the increase […]
The federal government has recently made several significant changes to Canadian immigration policies that will result in benefits to employers. In respect of temporary workers, changes have been made to allow certain workers to receive a North American Free Trade Agreement (NAFTA) work permit for a duration of three years, instead of one year. American […]
In Ling v. Unity Builders, the Alberta Court of Queen’s Bench held that, when there has been a significant change to the nature of a person’s employment, a contract entered into before the change will cease to govern, and the termination of the employee will accordingly be governed by common law principles. Ling entered into […]
On November 27, 2008, Bill 119, the Workplace Safety and Insurance Amendment Act, 2008, received Royal Assent. The Act makes workers’ compensation coverage mandatory for independent operators, sole proprietors, partners and executive officers of corporations working in the construction industry. Members of the construction industry will be required to register with the Workplace Safety and […]
One recent amendment and one proposed amendment to the Employment Standards Act, 2000 (ESA) will have a significant impact on employers who employ elect to work and temporary help employees. As of January 2, 2009, employees who work under arrangements whereby they may choose whether or not to work when requested are entitled to holiday […]
The Ontario Government introduced Bill 154, An Act to amend the Employment Standards Act, 2000 in respect of organ donor leave, which will, if passed, provide up to 13 weeks of unpaid job-protected leave for employees who undergo surgery in order to donate certain organs to other persons. Donations of the kidney, lung, liver, pancreas […]
On January 23, 2009, the Supreme Court of Canada released its decision in Shafron v. KRG Insurance Brokers (Western) Inc. The decision confirms the traditional approach of the court to determining whether a restrictive covenant will be enforceable by an employer against an employee. Mr. Shafron entered into a series of employment agreements with KRG, […]
We are pleased to announce that Alanna Twohey has completed her articles with Bird Richard and will be joining the firm as an Associate following her Call to the Bar on June 17, 2009.