Articles

ONTARIO: IT and Business Consultants amendments to the Employment Standards Act, 2000 in effect now!

The Ontario government’s second Working For Workers Act, 2022 was passed on April 7, 2022 and makes amendments to the Employment Standards Act, 2000 (“ESA”) that relate to the status/classification of IT Consultants and Business Consultants. These changes came into effect as of January 1, 2023. The amendments specifically indicate that ‘business consultants’ and ‘information...

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Changes Coming to Employment Insurance Sickness Benefits

The Government of Canada has announced that, effective December 18, 2022, Employment Insurance (EI) sickness benefits will increase from 15 weeks to 26 weeks. Eligible employees who are unable to work because of illness, injury, or quarantine who file a claim on or after December 18, 2022 will be eligible for EI sickness benefits up...

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Potential Changes to BC’s Workers Compensation Act

The British Columbia Ministry of Labour introduced Bill 41, the Workers Compensation Amendment Act (No.2), 2022, in October 2022. If Bill 41 is passed into law, it will increase employers’ obligations to injured workers who operate in BC under the Workers Compensation Act (“WCA”). The most notable implications of the Bill include the creation of...

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Tis the Season: Planning for a Safe Holiday Party

The holiday season is just around the corner – yes, already! For many employers, this means gearing up for workplace holiday festivities, perhaps for the first time in-person since the breakout of COVID-19. To make sure a holiday party is a big success, all employers, regardless of size, should consider their responsibility to provide a...

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BEWARE: Improper Termination Practices Ahead

At e2r™, the one topic we talk to our clients about daily are terminations. It is definitely one of the trickiest parts of the employment life cycle, which is further underscored by the sheer number of court cases that come from terminations – and the below case is a prime example. The recent Ontario Superior...

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Employer Pays Over 1 Million in LTD Benefits

Under the common law, employers are generally required to maintain employee benefits over a common law reasonable notice period after being dismissed. This can include long-term disability (“LTD”) benefits, subject to the terms of the insurer’s policy. When employers fail to maintain these types of benefits post-termination, the consequence can be severe. In Pasap v...

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UPDATE: Guidelines for Ontario’s Electronic Monitoring Policy

In a previous Article, Spy Games or Legitimate Employee Monitoring, we discussed legislation that would require certain employers in Ontario to advise employees of their electronic monitoring practices. Since then, the Employment Standards Act, 2000 (“ESA”) has been updated to include further details on the requirement for a written policy regarding the electronic monitoring of...

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The Duty to Accommodate & Medical Marijuana

As we know, the government legalized the recreational use of marijuana in October of 2018, but this does not mean employees can be impaired at work. Much like the rules for the use of alcohol, employers have the right to set rules for non-medical use of marijuana in the workplace. But what about medical marijuana?...

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