Ontario Divisional Court finds Private Group Chats can lead to Discipline in the Workplace

On April 2, 2024, the Ontario Divisional Court issued its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, a judicial review of an arbitration ruling by the Grievance Settlement Board (GSB). The case highlights that private group chats can give rise to workplace discipline and confirms that employers have a statutory obligation to investigate […]

Ontario Helping Workers Plan for Retirement

Ontario is implementing a permanent framework for target benefit pension plans to help workers prepare for retirement while supporting the sustainability of multi-employer pension plans. This framework, effective January 1, 2025, aims to encourage more employers to adopt these plans, enabling workers to build their retirement savings. Target benefit pension plans provide retirees with a […]

Ontario Expanding the Role of Nurse Practitioners and Registered Nurses

The Ontario government is introducing changes to improve access to healthcare by expanding the scope of practice for nurse practitioners and registered nurses. These regulatory adjustments will enable them to order more tests and provide additional services across various healthcare settings, such as hospitals, interprofessional primary care teams, and long-term care homes. Effective July 1, […]

Working For Workers Six Act

On December 19, 2024, Ontario’s Working for Workers Six Act, 2024 (Bill 229) received Royal Assent. Bill 229 aims to build on the progress of the previous five Working for Workers Acts. This legislation introduces a range of measures designed to protect workers’ health and wellbeing, promote skilled trades, and reduce costs and add benefits […]

Modifications to Temporary Employment Agencies’ Rate Setting

The WSIB recently completed a review of the rate setting system for Temporary Employment Agencies (TEAs), prompted by concerns from certain TEAs, particularly those supplying clerical labour. These concerns highlighted that the rate-setting approach initially planned for 2020 would lead to significant rate increases for some agencies. Accordingly, the WSIB has modified the TEAs’ rate […]

Federal Court Reaffirms the Importance of Procedural Fairness in Workplace Investigations

In Marentette v. Canada (Attorney General), 2024 FC 676, a Border Services Officer with the Canada Boarder Services Agency sought judicial review of an investigation report that found that the incidents which had occurred over a 25-year period rose to the level of workplace harassment, or violence. The employer did not initiate an investigation for […]

Employee Refusing to Vaccinate Frustrates Contract

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal examined whether the doctrine of frustration applied to an employment contract terminated due to an employee’s violation of a mandatory COVID-19 vaccination policy. The court upheld frustration of contract in this context. VuPoint had a service contract with Bell Canada, under […]

Duty to Investigate Human Rights Code Violations

In the recent decision Rougoor v. Goodlife Fitness Centres Inc., 2024 HRTO 31, the Tribunal clarified employer obligations in handling harassment complaints; particularly those brought by former employees after their employment has ended. The Tribunal concluded that employers are not legally required to investigate complaints filed after an employee’s termination. Additionally, the Tribunal examined the […]

Medical Evidence not Required for Mitigation, or Mental Distress Damages

In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal found that medical evidence is not required to establish an employee’s physical inability to mitigate damages. Further, the Court considered the criteria for awarding aggravated damages, and whether they can be granted when an employer acts in bad faith. The […]

Changes to Temporary Foreign Worker Program

Recent changes to Canada’s Temporary Foreign Worker (TFW) Program have introduced several important measures affecting both employers and foreign workers, particularly in Ontario. These updates, which took effect on September 26, 2024, are part of a broader strategy to recalibrate the program and reduce reliance on temporary workers in favor of Canadian talent. Key Changes […]