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.
In the last issue, we reported on changes to the Employment Standards Act affecting temporary help employees. Bill 139, which was introduced in December of 2008 to create additional protections for temporary workers, is now scheduled to come into force on November 6, 2009.
Drug and alcohol testing for employees in safety sensitive positions continues to be a hot topic for courts in Ontario. A recent decision of the Ontario Court of Appeal has provided the latest word on the ability of employers to conduct random drug testing of their employees. In Imperial Oil Ltd v. Communications, Energy and […]
In McNevan v. AmeriCredit Corp. (December 15, 2008), the Ontario Court of Appeal clarified that only conduct that is truly high-handed and in bad faith will warrant an award of Wallace damages. McNevan was employed as an Assistant Vice President at one of AmeriCredit’s call centres. After 13 months of service, AmeriCredit became concerned about […]
In Cudmore v. Inter Cap Industries (February 20, 2009), the Human Rights Tribunal of Ontario clarified that there are limits on an employer’s duty to accommodate alcoholic or drug-addicted employees. Cudmore violated a workplace rule by coming to work under the influence of alcohol on two occasions. On the first occasion, he was given a […]
On April 20th, 2009, the Ontario Government introduced Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. The Bill was carried after its first reading. If passed, it will place new and onerous obligations on employers in Ontario. Application The new workplace violence and harassment legislation will apply […]
In Nolan v. Kerry (Canada) Inc., the Supreme Court of Canada confirmed that employers may charge the administrative expenses of a pension plan to the pension fund itself, and that a surplus in one component of the plan may be used to fund a “contribution holiday” for the employer in respect of another component of […]