A recent case from the British Columbia Court of Appeal is yet another reminder to employers of the importance of enforceable employment agreements and termination provisions. The case in particular emphasizes this point given the short service of the employee upon termination and the sizeable reasonable notice award. In January 2014, Mr. Pakozdi joined B...
The Federal Government of Canada recently announced its plan to create a new statutory holiday, National Indigenous Peoples Day. Bill C-369 was introduced in the House of Commons, and is currently in its second reading. If passed, it would result in the implementation of a new statutory holiday for all federally regulated employers. The purpose...
Yuk Yee Ellen Pun, the owner of a chain of restaurants north of Toronto, has been sentenced to jail time under Section 137 of the Employment Standards Act, 2000 (“ESA”) for authorizing, permitting and/or acquiescing a contravention of the ESA. The charge relates to her corporations’ failures to provide employees their entitlements under the ESA...
The Ontario Human Rights Tribunal has issued what is likely to be considered a precedent setting decision on the issue of discrimination on the basis of citizenship. The Tribunal in Haseeb v. Imperial Oil Limited has found that employers cannot discriminate against job candidates who do not have Canadian permanent residence status or citizenship, but...
Recently, New Brunswick and Newfoundland and Labrador have amended their respective employment standards legislation in order to correspond to the federal changes to employment insurance. The changes to the New Brunswick Employment Standards Act and Newfoundland and Labrador Labour Standards Act are outlined below in detail. New Brunswick: New Brunswick has increased the length of...
The new Smoke-Free Ontario Act, 2017, which was scheduled to come into force on July 1, 2018, has been PAUSED by the Government of Ontario. As discussed in our e2r Alert on June 21, 2018, the purpose of this new legislation was to expand on the restrictions found in earlier pieces of legislation which prohibit...
A recent interim decision by the Human Rights Tribunal of Ontario (“HRTO”) on May 18, 2018 has the potential to significantly impact an employer’s ability to terminate employee benefits after the age of 65. Currently, the Ontario Human Rights Code and the Ontario Employment Standards Act Regulations permit a distinction between employees under the age...
On June 12, 2018, Quebec’s National Assembly adopted Bill 176: An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance. The amendments to the Labour Standards Act include changes pertaining to equal pay for equal work, vacation, bereavement leave, personnel agencies and sick leave. Particularly noteworthy are the...
On July 1, 2018, the new Smoke-Free Ontario Act, 2017 (“SFO Act”) will come into force. This piece of legislation repeals and replaces the Electronic Cigarettes Act, 2015 and the Smoke-Free Ontario Act. The purpose of this new legislation is to expand on the restrictions found in earlier pieces of legislation which prohibit the use...
Among other recently proposed changes to Quebec’s labour laws was a private member’s bill which, if passed, would require employers to implement an after hours’ policy allowing employees to disconnect from work communications. If passed, Bill 1097 would require employers to establish a policy outlining weekly periods when employees are entitled to disconnect from all...