Category: Employment & Labour

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Ontario to Revoke New Holiday Pay Calculation Rule

May 8, 2018

The Ontario government has announced that it will reverse a Bill 148 amendment on the calculation of public holiday pay. The Bill 148 amendment, which came into force on January 1, 2018, was highly criticized by employers as costly and confusing. For example, the Bill 148 calculation required the payment of a full day of pay to any part-time worker…

Avoiding and Addressing Harassment Complaints in the “MeToo” Era

April 18, 2018

The overwhelming number of reports of #metoo cases, including several high-profile and public accusations of sexual harassment and assault in the workplace across industries in Canada, is causing many employers to take stock in the preparedness and awareness in their own organizations. Partners from our Employment & Labour practice group address these issues. Topics What are the most recent trends…

B.C. Looks to Amend Its Employment Standards Act, Proposes Expanded Leave of Absences

April 12, 2018

On April 9, 2018, the British Columbia government introduced Bill 6, which seeks to amend the B.C. Employments Standards Act (ESA), to provide employees with more generous and flexible pregnancy, parental and compassionate care leaves. Bill 6 also creates new job-security protections for parents upon the death or crime-related disappearance of their child. The changes to the ESA bring British…

Quebec’s Updated Act Respecting Labour Standards Presents New Challenges for Employers

March 23, 2018

On March 20, 2018, Quebec’s Minister responsible for Labour, Dominique Vien, presented Bill 176: An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (Bill) in the Quebec National Assembly. Despite numerous announcements promising a major restructuring of labour standards, the Bill does not overhaul the Act respecting labour standards (Act) to…

How Will Ontario’s Pay Transparency Act Affect Your Organization?

March 15, 2018

The Ontario government recently introduced Bill 203, the Pay Transparency Act, 2018 (Act) in the legislative assembly, in part to close the wage gap between men and women by ensuring that compensation is based on a job’s requirements and the candidate’s qualifications. More broadly, this legislation is part of a wider strategy aimed at increasing transparency in both hiring and…

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

February 22, 2018

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for resolution. The competence-competence doctrine is an internationally recognized principle that an arbitral tribunal has the power to determine its own jurisdiction. In Ontario, the doctrine has been enacted into both section…

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

February 20, 2018

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable accommodation into the assessment of the right to return to work of an employee who has suffered a work-related injury under the Act respecting industrial accidents…

New Year, New Employment Standards for Alberta: Job-Protected Leave for New Parents Extended Up to 1.5 Years

January 12, 2018

Alberta’s employment standards laws have changed significantly as of January 1, 2018. Among other things, periods of job-protected maternity and parental leave have been increased through the Employment Standards Amendment Regulation and amendments to Alberta’s Employment Standards Code. Pursuant to these changes, maternity leave has been extended from 15 to 16 weeks, and parental leave has been extended from 37 to…

Inside Canada’s New Employment Rules: Expanded Employee Leaves of Absence and Employment Insurance Benefits

November 29, 2017

The federal government recently confirmed that the new rules for maternity, parental and caregiver benefits under the Employment Insurance Act (EIA) and the corresponding leaves under the Canada Labour Code (CLC) are scheduled to come into force on December 3, 2017. The relevant amendments to the EIA and the CLC are contained within the Budget Bill Implementation Act, 2017 (Bill…

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