Do You Know Who Works for You: Maintaining the Independent Contractor Working Relationship
For businesses of all sizes, independent contractors can be a useful resource for a company in meeting its workforce needs. They often offer significant savings for businesses as a result of fewer legal obligations placed on the employer relative to those that accompany the traditional employment relationship. There is, however, a significant risk to employers […]
New Reporting Obligations Triggered by Recent Blue Mountain Resort Decision
A recent decision of the Divisional Court upheld an Ontario Labour Relations Board decision confirming that employers are obligated to report the critical injury or fatality of guests at workplaces to the Ministry of Labour.
Proposed Amendments to the Occupational Health and Safety Act
Workplace injuries and fatalities have become a growing concern in Ontario in recent years. The Minister of Labour (“Minister”) responded to this issue by forming an Expert Advisory Panel (“Panel”) to review Ontario’s current health and safety regulations and make suggestions for statutory and policy improvements. After concluding its review, the Panel provided its report […]
Employers Must Allow Eligible Employees Time off to Cast Vote in May 2nd Federal Election
On Monday, May 2, 2011, Canadians will return to the polls for the fourth time in just seven years to elect a federal government. Under the Canada Elections Act, any employee who is an elector, that is any Canadian citizen that is 18 years of age or older, is entitled to 3 consecutive hours during […]
Investigating Suspicious Absences
Karen has used up all her vacation entitlement very early on in the year. She has requested a two week advance of vacation from her future entitlement to attend a wedding in the Caribbean in the fall. You deny the request for two weeks but begrudgingly allow her to take one week on an unpaid […]
What’s Mine Is Yours: the Expanding Expectation of Employee Privacy
Jaime from finance has taken her company issued laptop with her on her vacation to Jamaica. Brandon from sales stores personal appointments and banking information on his employer owned Blackberry. Chances are your employees use their employer-issued electronic devices for more than just crunching quarterly numbers and setting lunch appointments with potential clients. According to […]
Texting on Company Time
Earlier this month the Toronto Transit Commission terminated the employment of three of its drivers who were caught texting on their mobile devices while on duty behind the wheel. This conduct is contrary to both the Ontario Highway Traffic Act banning the use of mobile devices while driving and TTC company policy against distracted driving. […]
Avoiding Meaningless Medical Notes
An employee provides you with a doctor’s note which advises that he will be away from work for six weeks. It’s that one-liner doctor’s prescription pad note that reads “Jim will be absent from work for six weeks due to illness “, or so you believe it reads because you can barely make out the […]
Independent Contractors Can Trigger JHSC Requirement
Subsection 9(2)(a) of the Occupational Health and Safety Act (“OHSA”) requires a joint health and safety committee (“JHSC”) at a workplace in which 20 or more workers are regularly employed. In a recent decision issued on January 18, 2011, the Ontario Court of Appeal considered, for the first time, whether independent contractors should be counted […]
New ESA Amendments Should Prove Favourable for Employers
The Open for Business Act, 2010 amendments should result in a more efficient complaints process that will ultimately save both time and money for employers when defending ESA claims filed by employees. Employers will receive direct notification about the complaint from the employee before the complaint is filed allowing for the possibility of an early […]