Entries by BirdRichard

Expanding Job Duties without Updating Contract may be Costly for Employers

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

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

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 […]

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

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

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 […]

Ontario Court of Appeal finds Employer’s Requirement for Proof of Canadian Citizenship or Permanent Residency Discriminatory

In Imperial Oil Limited v. Haseeb 2023 ONCA 364, the Ontario Court of Appeal found that an employer’s condition for job applicants to provide proof of citizenship or permanent residency status during the job application process is discriminatory.  This decision restores the Ontario Human Rights Tribunal’s decision that an employer is prohibited from discriminating against […]

Arbitrator Weighs in on the Reasonableness of a Hospital’s Mandatory Vaccination Policy

In Lakeridge Health v. CUPE, Local 6364, 2023, Arbitrator Herman upheld a hospital’s mandatory COVID-19 vaccination policy (“Policy”). The Arbitrator found that the hospital’s Policy, which called for the termination of employees who refused to comply with the mandatory vaccination order, was reasonable. In June 2021, Lakeridge Health (“Lakeridge” or “Hospital”) implemented a voluntary vaccination […]

Court of Appeal Denies Disability Benefits to an Employee who was in an Accident while on Temporary Leave.

In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Employer, (“Stahle”) appealed a judgment requiring Stahle to pay damages to an employee after they terminated his long-term disability benefits coverage. Stahle, a general contractor in the construction industry, implemented a company-wide benefits plan, which included long-term disability coverage. The employee (“employee” or “Respondent”), a […]

Ontario Minimum Wage Increase

The Ontario government is increasing the minimum wage on October 1st, 2023 to $16.55 an hour. The Minister of Labour, Immigration, Training and Skills Development, Monte McNaughton, acknowledges that this 6.8 percent increase will aid low-income workers with the increased cost of living. Workers who average 40 hours per week will have an increase of […]