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Penalties and Fines

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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how a Tribunal addressed disabled employee resignations, a criminal negligence charge against a worker and the long reach of Canadian civil liability for human rights impacts of foreign operations.

 

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Summarizing WSIB’s proposed Rate Framework, part 3

This blog is the final chapter of a three-part series which examines the fundamental proposed changes to WSIB’s method of business classification and application of premium rates.

 

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Talking damages: Put your money where your mouth is

When it comes to human rights cases, awards for general damages are often less than $10,000, even though the $10,000 cap on general damages was removed almost a decade ago.

 

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Municipal Integrity Commissioners and Workplace Investigators: Who does what when council members are accused of harassment?

Bill 68, the Modernizing Ontario’s Municipal Legislation Act, 2017, received Royal Assent on May 30, 2017. One of the biggest changes introduced by the Bill is the requirement that all municipalities in Ontario have a Code of Conduct and either appoint an Integrity Commissioner, or make arrangements for the Commissioner of another municipality to fulfill the relevant duties.

 

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OHSA in wonderland: Through the looking glass

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

 

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Changing Workplaces Review final report: Sweeping changes to Ontario employment law coming

On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that endorse significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with […]

 

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Will distracted driving kill your employees?

Operating a motor vehicle for work is more than driving a truck, cab or ambulance. Anyone driving from home to a location different from their usual workplace, or travelling for work, is usually “in the course of employment” under workers’ compensation law. Thus distracted driving is very much an employer responsibility and risk.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Repeat violators from 2016 blitz; whether employer-employee relationship existed; and Labour force survey, April 2017.

 

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What to do when the MOL comes calling

This blog discusses a group of orders that a MOL inspector recently imposed on a small employer after an employee complained that she had been harassed at work.

 

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11 HR policies you need right now for legal compliance

I learned a new way of looking at policies recently. The standard ways that you do things at your workplace, how you treat and manage your employees, your day-to-day practices—these are your HR policies and procedures, regardless of whether you’ve written them down or not.

 

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Preparing for interactions with the MOL: Workplace visits

How do we prepare for a visit form a MOL inspector? The easiest and best way is to be prepared for the visit. Employers can no longer simply go merrily along and not put in place plans and programs to ensure the safety of all their employees. Remember, it is not “if and Inspector will walk through the door, It is when”. It will happen!

 

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Are employees of a marijuana dispensary protected by employment standards?

With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]

 

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The agenda for the 2017 Ontario Employment Law Conference is now available

Join Stringer LLP and First Reference at the Centre for Health & Safety Innovation in Mississauga on June 20, 2017 at the Ontario Employment Law Conference to Learn the Latest® on the following topics from top Ontario employment law experts: Jeremy Schwartz will discuss the increasingly important topic of structuring your work relationships with independent […]

 

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