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Videocast - Bill 148: Significant Changes on the Horizon for Labour and Employment Laws

Cassels Brock recently hosted a seminar highlighting some of the significant changes and implications of Bill 148 and discussing strategies on how to best prepare for these changes to employment standards, enforcement measures and labour relations. You can now watch a videocast of this seminar - featuring Laurie Jessome, Caitlin Russel and Pamela Hinman - here.

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Canada Labour Code to be Amended to Strengthen Provisions on Workplace Harassment

The federal government recently introduced a bill in the House of Commons that would amend both the Canada Labour Code (the Code) and the Parliamentary Employment and Staff Relations Act to address concerns regarding workplace harassment and sexual harassment.  The government says that Bill C-65 is intended to provide victims of workplace bullying, harassment and sexual harassment with better protections and support. It also aims to prevent workplace harassment and bullying by making employers responsible for ensuring that their workers are not subjected to risk of “accidents and physical or psychological injuries and illnesses.”  Previously, the Code’s workplace safety provisions were primarily focused on accidents and injuries.  The inclusion of psychological  injuries and illnesses is a significant expansion of the employer’s health and safety responsibilities toward its workers. The draft Bill would also expand the protections in Part II of the Code (which relate to workplace safety) to Parliamentary employees, who had previously been exempt from those provisions of the Code. 
 
To achieve these goals, Bill C-65 would  require federally regulated to take the following steps:

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I Want a Second Opinion: When Can Employers Require an Independent Medical Examination?

Many employers have found themselves in a situation where their employee has provided a medical note or doctor’s recommendation that doesn’t seem quite right.  But how do you investigate further without invading your employee’s privacy and without breaching your duty to accommodate under the Ontario Human Rights Code (the “Code”)?  A recent decision of the Ontario Divisional Court, Bottiglia v. Ottawa Catholic School Board and the Human Rights Tribunal of Ontario 2017 ONSC 2517 (“Bottiglia”) provides some helpful guidance.

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Human Resources Professionals Association Issues White Paper on Marijuana at Work

With legalization of recreational marijuana use on its way, many Canadian employers have been looking for guidance on how to respond to a potential increase in the number of employees who have access to or make use of cannabis products. The Human Resources Professionals Association (HRPA) has recently issued a white paper identifying some of the issues employers may face once the Cannabis Act comes into effect and making some recommendations for both employers and government. In connection with preparing this white paper, the HRPA conducted a survey of its members and found that only 11% of responding human resources professionals believed that their workplace policies addressed the use of medical marijuana in the workplace at all and 46% believed their workplace policies did not adequately cover issues that may arise as a result of legalization of recreational marijuana. Close to 90% of respondents had no personal experience with accommodating an employee who used medical marijuana. 

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Changing Workplaces Review: Ontario Government Announces Significant Changes to Employment Standards Act

Following the release of the final Changing Workplaces Review report last week, Ontario employers and (and their lawyers) have been anxiously awaiting the government’s response.  In press conference held today Premier Kathleen Wynne announced that her government would be introducing proposed legislation, The Fair Workplaces, Better Jobs Act, 2017, which will amend both the Employment Standards Act (ESA) and the Labour Relations Act (LRA).  Click here  for our update on the changes to the LRA.

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Ontario’s Employment and Labour Legislation Facing Big Changes

The Liberal government of Ontario has confirmed a release date for its long-awaited Changing Workplaces Review, which solicited feedback on, and will make recommendations regarding changes to, the province’s Employment Standards Act and Labour Relations Act. The government is targeting the week of May 22, immediately following the Victoria Day holiday.

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Nov 30, 2016
TAGS: Wage Gap
Ontario to Target Wage Gap

The Ontario Ministry of Labour has announced that it is creating a new working group to provide the government with advice and feedback on how to address the gender wage gap in Ontario. The working group will be comprised of members of the business, labour and human resources communities, as well as representatives of women’s advocacy groups. The working groups are expected to focus on how the government can better leverage tools such as the Pay Equity Act and parental leaves to address gendered wage disparity in the workplace. The Ontario government estimates that Ontario’s gender wage gap ranges from 14% to 26%.

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Ministry of Labour Announces Results of Compliance Blitz

Late last week the Ontario Ministry of Labour posted the outcome of its recent blitz focused on temporary foreign workers and young workers. For the purpose of the blitz, workers under 25 were classified as “young workers.” Both categories of workers are considered to be vulnerable by the Ministry of Labour. 

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Compliance Alert: Increase to Minimum Wage and Ministry of Labour Announces New Employment Standards Blitz

The Ministry of Labour has announced a targeted compliance blitz focused on “repeat violators” of the Employment Standards Act, 2000 (the ESA). The blitz will take place during both September and October 2016. Although the Ministry did not define “repeat violators,” it is safe to assume that it refers to employers who have been prior recipients of compliance orders or successful claims under the ESA.

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Ontario Court of Appeal Weighs in on Terminating Fixed Term Contracts

In May of last year we gave our readers an update on a recent Ontario decision regarding early termination of a five year fixed contract, Howard v. Benson Group Inc.  Mr. Howard’s employment was terminated without cause after only 23 months of service.  He brought a claim for payment of the remaining 37 months of the term.  Justice MacKenzie of the Ontario Superior Court of Justice was asked to determine on a motion for summary judgment whether an early termination clause in a five year term agreement was enforceable and if not, what damages were owed to the plaintiff?  Was he entitled to payment for the remaining term of the agreement or would it suffice for the employer to give him reasonable notice of termination?  At a motion for summary judgment, MacKenzie J. found that the without cause termination clause was ambiguous and thus not sufficient to limit Mr. Howard to his Employment Standards Act, 2000 ( “ESA”) minimums.  He then went on to determine that the fixed term agreement did not have any other language that would displace the common law presumption of reasonable notice.  Thus, Mr. Howard was entitled to reasonable notice of termination and not to payment for the remaining term of the contract.  MacKenzie J. also held that Mr. Howard had a duty to mitigate his damages by seeking new employment.

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Apr 11, 2016
TAGS: OHSA
Update on Bill 132: Sexual Violence and Harassment Action Plan Act

On March 8, 2016, Bill 132 received Royal Assent at the Legislative Assembly of Ontario. The Bill is part of the Ontario government’s strategy to support survivors of sexual violence and eliminate sexual harassment.  Bill 132 amends several existing laws that affect people experiencing sexual harassment and violence in the province. Of particular note to employers are the amendments to the Occupational Health and Safety Act(OHSA).

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Manitoba Government Passes Law Giving Victims of Domestic Violence Paid Leave

The Manitoba Employment Standards Code was recently amended to give victims of domestic violence job-protected leave from work to deal with issues arising from their abuse.  The legislation provides that such individuals are eligible for two categories of annual leave: (i) 10 days, which may be taken intermittently or continuously, 5 of which are to be paid by the employer and (ii) up to 17 weeks of unpaid leave, which can only be taken continuously.   To be eligible for this leave the employee must have been employed for at least 90 days and must be a victim of domestic abuse within the meaning of the Manitoba Domestic Violence and Stalking Act, which defines the concept as follows:

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Ontario Human Rights Commission Issues Rare Clarification of New Policy on Creed

In late 2015, after four years of consultation and research, the Ontario Human Rights Commission (the “Commission”) published its Policy on Preventing Discrimination on the Basis of Creed.  The new policy replaced the prior version, which had been published in 1996.  Significantly, the new policy specifically affirmed that, in the Commission’s view, the term “creed” included non-religious belief systems that “substantially influence a person’s identity, worldview and way of life”.  Non-religious beliefs had been excluded from the protection of the Human Rights Code (the “Code”) by the 1996 policy. 

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