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Penalties and Fines

Occupational Health and Safety: Duty to report and protection against reprisal

Employers should be particularly alert to the provisions of OHS Acts in considering actions taken by workers outside of the usual lines of reporting at the workplace where unsafe work conditions are alleged. The OHS Acts of each province in Atlantic Canada imbue workers with specific rights related to workplace safety.


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Wal-Mart’s “deplorable” pre and post termination conduct results in a sizeable $750,000.00 moral and punitive damages award

Recently, in Galea v. Wal-Mart (2017 ONSC 245) the Ontario Superior Court released a decision in a wrongful termination matter involving a Wal-Mart Executive Gail Galea (“Galea”) and the “reprehensible” termination conduct of Wal-Mart. In addition to the usual wrongful termination damages such as salary, benefits, bonuses, etc., the Court awarded a whopping $750,000.00 in moral and punitive damages combined.


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Welcome to 2018 with new employment and labour law rules and obligations across Canada

As most of you already know, a number of new or amended laws and regulations came into effect on January 1 or will come into force later in 2018 across Canada, including marijuana legalization and higher minimum wages in Ontario, Alberta and other jurisdictions. Here is a brief reminder of the new or amended rules you need to be aware of and implement to ensure compliance.


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Top five cases of importance to Ontario employment law – 2017 edition

2017 has been an incredibly busy year for Ontario employment law practitioners. In addition to the changes to the common law brought about by the decisions considered in this post, one would be foolish to omit any reference to the sweeping changes recently ushered in by the Wynne government as a result of the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22 (“Bill 148”).


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5 employment law predictions for 2018

What’s in store in 2017 for HR and payroll

‘Tis the Season and 2017 is coming to a close. With this, I am predicting some of the trends to follow from an employment law perspective of 2018. Here are 5 trends to follow in the new year.


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Working notice inappropriate for employees who cannot work

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.


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$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

At almost 100 pages, Galea is a hefty case with many facets not touched upon in the above summary. That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation.


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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with current and 2018 payroll rates charts and complying with Bill 148 provisions that are in force January 1, 2018, as well as the equal pay for equal work provisions effective April 1, 2018.


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Ontario Bill 148 passed: A timeline of implementation

Ontario Bill 148 passed on November 22, 2017, enacting new employment and labour laws for the province. Employers will require assistance on when schedules in Bill 148 are being implemented.


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Employers beware: Punitive damages for improper just cause allegations

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.


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Bill 148 passes (but not before a few last-minute changes were made)

On Wednesday, November 22, 2017, the Government of Ontario passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Introduced on June 1, 2017 as a response to the Final Report of the Changing Workplaces Review, Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and most recently, the Occupational Health and Safety Act.


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What happens if an employer fails to provide a timely Record of Employment (“ROE”) for departing employees?

Employers must issue the ROE within five days after the employee’s last day of work, regardless of the reason why the employee left (i.e. termination, resignation, etc.).


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Ontario Bill 148: Are you really prepared?

On August 23, 2017, the Ontario Liberal Government met for the 1st reading of Ontario Bill 148 Fair Workplaces, Better Jobs Act. There has been much concern in the public eye regarding the highlight of this act which states a 33% increase to minimum wage in just under 6 months.


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Dependent contractor receives 12 months pay in lieu of notice

The recent Supreme Court decision of Glimhagen v. GWR Resources Inc., 2017 BCSC 761, illustrates how an independent contractor can become a dependent contractor – an intermediate category on the spectrum between employee and independent contractor.


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Ontario’s employment and labour law reform Bill continues to undergo changes

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.


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