Category: Employment & Labour

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Coming Soon to a Workplace Near You: AODA Employment Standards

October 13, 2015

All organizations with 50 or more employees in Ontario will be required to comply with the accessible employment standards made under the Accessibility for Ontarians with Disabilities Act, 2005 starting on January 1, 2016. This bulletin provides a brief summary of the new obligations. Employers must notify their employees and the public about the availability of accommodation for job applicants…

Duty to Accommodate Trumps Company Policy

September 1, 2015

  In its recent decision, H.T. v. ES Holdings Inc. o/a Country Herbs, the Human Rights Tribunal of Ontario (Tribunal) awarded two teenage employees over C$26,000 after they were fired for observing a religious holiday.   FACTS   Siblings 16-year-old H.T. and 14-year-old J.T. began working for ES Holdings Inc. o/a Country Herbs (Country Herbs) in April 2014. H.T. was…

Cross-Listed Canadian Issuers May Face Clawback Requirements

August 20, 2015

SEC PROPOSES MANDATORY CLAWBACKS Last month, the U. S. Securities and Exchange Commission (SEC) proposed rules (Proposal) directing U.S. securities exchanges and associations to require companies to adopt clawback policies that would mandate executive officers to repay erroneously awarded incentive-based compensation. The Proposal reflects implementation of provisions of the The Dodd-Frank Wall Street Reform and Consumer Protection Act.   This…

Labour Fund Reporting Requirements Enacted

July 28, 2015

  The Income Tax Act was recently amended to enact unprecedented and potentially onerous public disclosure obligations on labour organizations and investment funds in which labour organizations or persons represented by a labour organization have an interest.   The amendment enacts a private member’s bill to amend the Income Tax Act. It imposes unusual public disclosure requirements on labour organizations,…

Ontario’s Minimum Wage Increases to Keep Up with Inflation

March 23, 2015

  On October 1, 2015, the general minimum wage rate in Ontario will increase to C$11.25 per hour from C$11 per hour. Minimum wage rates for students, liquor servers, homeworkers and hunting/fishing guides will also increase on that day.   This increase is due to recent amendments to the Ontario Employment Standards Act, 2000 that link minimum wage rates to…

Reconciling Family and Professional Obligations: What Should an Employer Do?

March 20, 2015

  The Commission des relations du travail (CNT) confirmed in Dannie Bouchard c. 9180-6166 Québec inc. Honda de la Capitale, a decision rendered on January 20, 2015, that employers are not obligated to modify an employee’s work schedule to accommodate obligations relating to the care of the employee’s child, under neither the Charter of Human Rights and Freedoms (Quebec Charter)…

SCC Revisits Constructive Dismissal in Potter v. New Brunswick Legal Aid Services Commission

March 11, 2015

  INTRODUCTION On March 6, 2015, the Supreme Court of Canada (SCC) revisited and clarified the common law test for constructive dismissal in Potter v. New Brunswick Legal Aid Services Commission. In doing so, the SCC overturned decisions of the New Brunswick Court of Queen’s Bench and New Brunswick Court of Appeal, and found that an employee who had brought an…

New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

January 29, 2015

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform. By contrast, labour arbitration decisions addressing the discharge of unionized employees for misuse of social media have become common over the past several…

B.C. Court of Appeal Finds Just Cause to Terminate Manager Over Misuse of Company Property

January 12, 2015

  In Roe v. British Columbia Ferry Services Ltd., the British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an employee as merely trifling and insignificant. In doing so, the Court of Appeal reinforces the objective, contextual analysis required for cases where…

Bill 3 Amendments to Alberta’s Privacy Legislation Now in Force

January 9, 2015

  Amendments to Alberta’s Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA, these amendments are the Alberta government’s response to the 2013 decision of the Supreme Court of Canada in Alberta (Information and Privacy Commissioner)…

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