In a recent decision out of Saskatchewan, an arbitrator denied severance pay to employees who were on strike at the time their employer went out of business. The employer ran a specialized printing company that printed tickets for professional sports teams, airline tickets and boarding passes, transit tickets and passes for the Toronto Transit Authority, […]
With the use of e-mail, instant messaging and social networking becoming increasingly popular, many employers are beginning to question how they can appropriately supervise employee’s use of technology in the workplace. The Assistant Privacy Commissioner addressed the complaint of an employee pursuant to the Personal Information Protection and Electronic Documents Act, which alleged that his […]
Ontario Bill 68, The Open for Business Act, 2010, was tabled on May 17th, 2010. The Act proposes 100 amendments to various acts. In particular, the Government of Ontario seeks to modernize the employment standards regime as follows: elimination of a backlog of employment standards claims within two years (by launching a Task Force in […]
Stephen Bird of Bird Richard will discuss the mechanisms of applying an attendance management program and the complexities of dealing with absences related to disabilities. He will review recent developments and jurisprudence from the Supreme Court of Canada, and how this has changed the landscape for employers in successfully dealing with employees who have excessive […]
We are pleased to announce that Caroline Richard was admitted to the Bar of Nunavut on December 9, 2009.
In the Summer issue, we reported on proposed changes to the Occupational Health and Safety Act that would create onerous obligations for employers relating to the prevention of workplace violence. Bill 168, which was introduced in April 2009, was carried on division after its third reading on December 9th, 2009. It will come into force […]
In the Spring 2009 issue, we reported on changes to the Employment Standards Act, 2000 that provides increased protection for temporary workers. Bill 139 came into force on November 6th, 2009.
Amendments to the Highway Traffic Act (“the Act”) that ban the use of cellular phones and other electronic devices while operating a motor vehicle came into effect on October 26th, 2009. Below is a summary of the amendments, and methods by which employers can prepare their workplaces for compliance with the new legislation. The Ban […]
Bill 37, the Child Pornography Reporting Act, 2008, received Royal Assent on December 10th, 2008. The Bill places potentially onerous reporting obligations on employers. The new legislation will add a definition of “child pornography” to Ontario’s Child and Family Service Act (“the Act”). The definition is parallel (though not identical) to the definition found in […]
In Plourde v. Wal-Mart Canada Corp. (released November 27th, 2009), the Supreme Court of Canada found for Wal-Mart and confirmed that a recently certified employer has no legal obligation under labour legislation to stay in business, and that a closure of one of its locations can constitute sufficient reason for the termination of the employees […]