Bill 166 Public Hearings Announced
On February 26, 2024, the Ontario government proposed the Strengthening Accountability and Student Supports Act, 2024 [Bill 166]. Bill 166 is aimed at improving inclusivity, safety, and transparency with respect to education costs and would introduce several requirements for colleges and universities. New Policy Requirements If passed, Bill 166 would require every college and university […]
Working for Workers Four Act, 2023 Received Royal Assent: Important Dates for Employers
On March 21, 2024, Bill 149, Working for Workers Four Act, 2023 [Bill 149] received Royal Assent. Bill 149 amended several pieces of workplace legislation, including the Employment Standards Act, 2000 [ESA], the Workplace Safety and Insurance Act, 1997 [WSIA], the Digital Platform Workers’ Rights Act, 2022, and the Fair Access to Regulated Professions and […]
Ontario Superior Court Of Justice Finds Employee Failed to Mitigate Damages
We previously explored Ontario case law involving situations where employers failed to meet the high threshold for successfully arguing that a former employee did not fulfill their duty to mitigate damages (see our blogs on two such decisions, Jimmy How Tein Fat v PRGX Canada Corp and Lake v La Presse). However, the Ontario Superior […]
Canadian HR Reporter: Bonus plans: one size doesn’t fit all
Joel Smith recently provided insights regarding discretionary and non-discretionary compensation plans. See an excerpt below: Bonus plans: one size doesn’t fit all ‘A once-a-year bonus cheque isn’t cutting it anymore,’ says lawyer, covering legal considerations for HR HSBC Holdings is planning to introduce a “target pay variable” scheme for junior staff members who previously did […]
May the Law Be with You: Assessing Gina Carano’s Dismissal Within Ontario’s Legal Framework
A recent time ago in a jurisdiction not so far away, actress Gina Carano, known for her role in the popular show, The Mandalorian, found herself embroiled in a high-profile dispute with Disney and LucasFilm following her dismissal from the show as a result of her controversial social media posts. Inflammatory social media posts made […]
Ontario Court Of Appeal Finds Bill 124 Violated the Charter
After years of litigation, the Ontario Court of Appeal (“ONCA”) ruled on the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (“Bill 124”), which imposed a 1% cap on public sector workers’ compensation annually for a period of three years. In the decision of Ontario English Catholic Teachers Association v […]
The Termination Clause Landscape Shifts Again Post-Dufault
The Ontario Superior Court of Justice (the “Court”) has issued a decision that will significantly impact the enforceability of termination clauses. Employers are advised to review their existing employment agreements in light of this ruling. The Court’s decision in Dufault v The Corporation of the Township of Ignace [Dufault], dated February 16, 2024, has the […]
Significant Human Rights Damages Awarded to Vulnerable Worker Due to Sexual Assault and Exploitation
In LN v Ray Daniel Salon & Spa and Reza Khosravi [LN], the Human Rights Tribunal of Ontario (“HRTO”) awarded the employee $180,000 in general damages—the second highest damages award in Ontario to date—for sexual harassment, sexual solicitations/advances, sex-based and citizenship-based discrimination, and reprisal. The HRTO considered the particularly precarious position of the employee in […]
TikTok Troubles for Employers: Legal Guidance for Recorded Termination Meetings Going Viral
A trend has emerged on social media in recent months, in which employees have recorded their termination meetings and then shared it online. For example, millions of people recently viewed a nearly ten-minute long video on TikTok of an employee being dismissed. While this trend need not be sensationalized, employers should consider the enhanced ease […]
Canadian HR Reporter: Air Canada worker paid $30,000 after seeking accommodation
Nhi Huynh provided her insights regarding a recent decision in which an employer was ordered to pay more than $30,000 for discriminating against a worker by denying them a promotion. See an excerpt below: Air Canada worker paid $30,000 after seeking accommodation ‘They were trying to rely on a policy but they applied it rigidly, […]