Ontario Schools Closed in Anticipation of Education Workers’ Strike
Starting Friday, November 4, 2022, members of the Canadian Union of Public Employees (CUPE) will be on strike until further notice, unless a deal with the Ontario government is reached. In anticipation of the strike, school boards across the province, including the Toronto District School Board, York Region District School Board and Peel District School […]
Public Feedback Open on Proposed Regulations Requiring Federally Regulated Employers to Provide Menstrual Products in the Workplace
The federal government is seeking public feedback to its recently proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products), which would require federally regulated employers to provide menstrual products in workplaces. The proposed regulations are intended to better protect the physical and psychological health risks of menstruating employees as a result […]
Employer Faces Significant Costs After Court Finds Termination Clause in Fixed-Term Agreement Found Unenforceable
Employer Faces Significant Costs After Court Finds Termination Clause in Fixed-Term Agreement Found Unenforceable In Tarras v The Municipal Infrastructure Group Ltd. [Tarras], the Ontario Superior Court of Justice (“ONSC” or the “Court”) awarded an employee with $479,166.67 in damages, as well as outstanding vacation pay, incentive compensation, and benefits. These damages represented the balance […]
Employers’ Obligations During Municipal Elections
Municipal elections in Ontario take place on October 24, 2022, with voting hours running between 10:00 a.m. and 8:00 p.m. The Ontario Municipal Elections Act, 1996 provides that every employee that is eligible to vote is entitled to three consecutive hours away from work during polling hours on election day to vote. In some cases, […]
Human Rights Tribunal of Ontario Confirms Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Matters in Unionized Workplaces
In Weilgosh v London District Catholic School Board [Weilgosh], the Human Rights Tribunal of Ontario (the “Tribunal”) confirmed that it has concurrent jurisdiction with labour arbitrators to decide employment-related human rights matters that arise in unionized workplaces. Background The Tribunal addressed the preliminary issue of jurisdiction in two underlying applications. These applications were brought by […]
Bad Faith in the Manner of Dismissal Can Cost Employers More Than They Bargained for
In Pohl v Hudson’s Bay Company [Pohl], the Ontario Superior Court of Justice (“ONSC”) awarded the employee $55,000 in moral and punitive damages, in addition to a 24-month notice period, as a result of the employer’s bad faith in the manner of dismissal. This decision serves as a reminder that employers owe their employees a […]
Employers to Tread Carefully in Addressing Incidents of Workplace Misconduct
In Cho v Café La Foret [Cho], the Supreme Court of British Columbia (“BCSC”) found that although an employee did abuse his authority and engaged in harassment, he was wrongfully dismissed—not for the misconduct, but for refusing to sign a self-incriminating affidavit. As a result, in addition to a reasonable notice award, the BCSC ordered […]
“Quiet Firing”: Risks and Best Practices for Employers
By now, many have become familiar with “quiet quitting”, the viral concept that describes employees prioritizing work/life balance to avoid burnout. An equally buzzy spin-off phrase, “quiet firing”, is now making waves. While definitions vary, the phrase describes employer conduct that is intended to demoralize an employee and set them up to fail, such that […]
September 19, 2022: Holiday Commemorating the Queen for Federal Government Employees
On September 13, 2022, Prime Minister Justin Trudeau announced that September 19, 2022, the date of Queen Elizabeth’s funeral, will be a national day of mourning in Canada and a one-time holiday for federal government employees. The holiday is currently only applicable to employees of the federal government, but remains optional for federally-regulated private companies, […]
Unenforceable Termination Language Anywhere Within the Employment Contract Can Invalidate the Termination Clause
In Henderson v Slavkin [Henderson], the Ontario Superior Court of Justice ruled that an employee was entitled to common law reasonable notice with respect to the termination of her employment even though her employment agreement contained an enforceable termination clause. The Court assessed several clauses mentioning termination in the employment contract in a way that […]