It remains astonishing what some employers are able to get away with when they have decided an employee is no longer required. Lots of companies try to attract employees with high salaries, but offer only minimum statutory notice of termination and demand restrictive non-competition clauses that would prohibit re-employment in the industry for at least 12 months.
The Ontario Government has just amended the Employment Standards Act again. See Bill 66, “Restoring Ontario’s Competitiveness Act, 2019”. Publishers of statute texts will never be able to keep up. The lucky thing for them is that the new changes will help the printers get their work done at a reduced cost. Under the new amendments there should be less overtime paid at time and one half. Through the statutorily facilitated new rules for averaging hours, employers can work employees up to 60 hours a week two of every four weeks provided they reduce the hours in the other two weeks to 24. This would be classic hills and valleys scheduling: one week up, one week down, repeatedly. But, some employees might like such a schedule.
It seems so simple! Once you retain a lawyer, everything you say in his or her presence is protected from scrutiny by others. No one can force either the client or the lawyer to expose the nature of the confidential discussions. The reason for this fundamental premise of law is that every person is entitled to legal advice and in receiving that advice to be forthcoming with their legal advisor. In doing so, they must know that what they reveal is protected. In this way, they may reveal all the facts which allows for the legal advisor to be fully informed.
My colleague Jason Wong recently spent 2 1/2 days in court in behalf of a plaintiff employee who had been wrongfully dismissed. Because the employee was young and capable, he mitigated fully within 2 months of termination. At issue was 8,000 in notice pay, a claim for 17,000 for bad faith and the costs. Even though service was just over one year, since the employee was a team manager, he was claiming at least two months of pay. But no settlement occurred.
The passing of Bill 47 brought many changes to labour and employment law. One of the changes is a revised Employment Standards Poster that must be displayed in every workplace.
The next round of labour negotiations in the municipal fire sector in Ontario has begun. The agreements run on calendar years. These activities will be the first under the new labour disputes changes legislated by the Ford government late last year. Both parties need to decide soon whether or not the new rules will alter the way they wish to approach the table
On October 16, 2018 nearly every employer in Ontario with employees who operated big equipment or whose jobs required a clear mind, had a workplace policy about drug and alcohol use.
Since I wrote the article warning all employers that the soldiers of the Employment Standards Branch are marching, a number of persons have asked about enforceability.
I remember when clients reacted to announcements of Employment Standards changes by scowling at you and declaring there was little to be worried about because the system was complaint-based.
“No one will ever visit us”, was the retort. “If someone complains, we will fix it”.
The following highlights and summarizes the most significant amendments to the Employment Standards Act. This paper provides a summary of the legislation only and should not be relied upon as a complete review of the statute. Nothing in this paper constitutes legal advice. For further assistance, please contact one of the Dunsmore Law lawyers.
I was having lunch with my Law golf buddy last week since we couldn’t golf anymore. We had a conversation which I think you might find helpful, so I wrote it down.
All employers have a statutory duty always to do everything reasonable in the workplace to protect the safety of their employees. This includes being aware of the hazards on the job, preparing proper manuals and programs to train everyone how to work safely, implementing the training, ensuring employee competence and vigilantly monitoring day to day activities. A well-organized comprehensive plan properly pursued will meet the legislated standard for employee safety.
As of January 1, 2017, small and large employers have new compliance obligations under the Accessibility for Ontarians with Disabilities Act (the AODA). These obligations are in addition to an employer’s responsibilities under the Ontario Human Rights Code and Occupational Health and Safety Act in respect to accommodation to the point of undue hardship.
The Ontario Human Rights Commission (OHRC) has issued an updated Policy on Abelism and discrimination based on disability. The policy became effective in June 2016. While it was introduced with little fanfare, it does introduce some new concepts of human rights of which employers should be aware.
In April 2016, the Ontario Government passed the Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016. The Bill sets out proposed Act amends the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act.