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    Our regular readers may remember our previous posts on upcoming changes to the Canada Labour Code. Next week, some of these changes will be coming into effect. On March 16, 2015: A new “holiday pay” formula will apply to federally regulated employers. Under the new formula, holiday pay will be calculated as 1/20th of the… Continue Reading

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    Ontario’s general minimum wage will increase from $11.00 to $11.25 on October 1, 2015. This increase will make the province the second-highest rate in the country (after the Northwest Territories, which will see a jump from $10.00 to $12.50 on June 1, 2015). Minimum wage will also increase in special categories, including liquor servers, homeworkers,… Continue Reading

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    To manage expectations, employers often hire temporary workers under a “fixed-term contract”.  But including an end date in the employment agreement can have serious, unintended consequences. The following overview will help you ensure your organization does not fall victim to the pitfalls that are associated with fixed-term contracts. Fixed-Term Contracts: The Key Issues A fixed-term employee… Continue Reading

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    On June 30, 2015, the Canadian federal government passed a law (“Bill C-377”) requiring unions to publically disclose sensitive financial information within six months of their year-end.  The information will be published on the internet by the Minister of National Revenue. Unless this law is repealed, it will come into force on December 30, 2015. … Continue Reading

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    We are excited to announce the beginnings of a new blog published by our Texas colleagues: “The Lone Star Employer Report”. If your organization has U.S. operations, particularly in Texas, this “labor and employment law roundup” will be of interest to you. Click here to see for yourself. We have added a permanent link on… Continue Reading

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    Despite the economic controversy, Alberta’s NDP government appears to be following through on its promise to increase the province’s minimum wage to $15 per hour by 2018.  On October 1, 2015, the minimum wage in Alberta will increase from $10.20 to $11.20, with planned further increases in the years to come.  Following this initial increase,… Continue Reading

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    October 19, 2015 is federal election day.  Under the Canada Elections Act, employees who are eligible to vote are entitled to three consecutive hours of time off to vote without a reduction in pay. The three consecutive hours must fall within the open hours of local polling stations, which are as follows: Electoral District Time… Continue Reading

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    In British Columbia Teachers’ Federation v. British Columbia (“BCTF“) the British Columbia Court of Appeal (“BCCA“) decided that legislation cancelling terms in a collective agreement, for the benefit of achieving education policy objectives, did not infringe the Canadian Charter of Rights and Freedoms. Practically speaking, BCTF demonstrates that legislators can impose narrow, reasonable restrictions over… Continue Reading

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    Back by popular demand, we highlight the ten most significant developments in Canadian labour and employment law in 2015: Supreme Court of Canada determines “right to strike” is protected under s. 2(d) of the Charter.  In Saskatchewan Federation of Labour v. Saskatchewan, the Supreme Court of Canada confirmed that legislation limiting the right to strike… Continue Reading

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    Privacy law is responding to disturbing social trends on the internet.  Last week, in Jane Doe 464533 v. N.D. (“Doe“), the Ontario Superior Court recognized a new privacy tort–“public disclosure of embarrassing private facts”. In this unfortunate case, an unnamed woman in her late teens succumbed to the pressures of an ex-boyfriend’s repeated requests to… Continue Reading

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    Regulations under the Accessibility for Ontarians with Disabilities Act changed on July 1, 2016. The Accessibility Standards for Customer Service were revoked, and a modified version of those standards has been incorporated into the Integrated Accessibility Standards. As a result, organizations must implement the following changes: Employee Training Standards – All members of an organization… Continue Reading

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    On July 14, 2016, the Supreme Court of Canada confirmed that most federally-regulated, non-union employees can only be dismissed for “just cause” after 12 consecutive months of service (Wilson v. Atomic Energy, 2016 SCC 29). As a result of this decision, it is now clear that employees who are regulated under Part III of the… Continue Reading

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    Key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) come into force today, amending the Occupational Health and Safety Act (“OHSA”). As a result, employers are required to implement comprehensive policies, programs, and investigative procedures to address workplace harassment. Bill 132… Continue Reading

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    On July 15, 2016, we wrote about the Supreme Court of Canada’s recent decision in Wilson v. Atomic Energy, 2016 SCC 29 (“Wilson”).  In that case, the SCC held that most federally-regulated, non-union employees with 12 or more consecutive months of service can only be dismissed for “just cause”. See our earlier blog post here.… Continue Reading

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    Minimum wages continue to rise across Canada. Recent increases have been implemented in British Columbia, Ontario, Prince Edward Island and Saskatchewan.  As well, Alberta’s NDP government has continued to pursue its goal of a $15 per hour minimum wage by 2018 by implementing incremental increases.  Several other provinces will see a further increase in their… Continue Reading

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    To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2016: For Federal Employers, a Dismissal “Without Cause” is an “Unjust Dismissal”.  In Wilson v. Atomic Energy, the Supreme Court of Canada confirmed that, after 12 consecutive months of service, most federally-regulated, non-union employees can […]

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    On May 23, 2017, Ontario’s long-anticipated Changing Workplaces Review Final Report (“Report”) was released.  The Report contains 173 recommendations for changes to the province’s employment standards and labour relations laws. The final recommendations would, if legislated, have a significant impact on the application of labour and employment laws to franchised businesses operating in Ontario.  To...

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    The Ontario government has announced that it will introduce legislation, The Fair Workplaces, Better Jobs Act, 2017, in the coming days to reform the province’s employment standards legislation. The announcement follows last week’s release of the Changing Workplaces Review Final Report which contained a myriad of recommendations for reforms to benefit employees.[1] The key changes to the...

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    Further to our recent blog post about the Ontario government’s reform of the employment standards legislation through The Fair Workplaces, Better Jobs Act, 2017, employers can also expect significant changes to the legislation governing unionized workplaces. The key changes proposed in respect of Ontario’s Labour Relations Act (“LRA”) concern union certification, bargaining unit structure, first contracts,...

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    We recently wrote about the Ontario government’s proposed changes to the province’s employment standards and labour relations legislation – see our blog posts here and here. On June 1, 2017, the Minister of Labour, the Honourable Kevin Flynn, introduced legislation to affect these changes. Bill 148, An Act to amend the Employment Standards Act, 2000 and...

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