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Union Relations

What are the “exceptions” to the equal pay provisions of the Employment Standards Act

The Ministry of Labour has updated its Policy Statement on Equal Pay for Equal work which can be found on its website and which forms the foundation of this article.

 

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What will the provincial election mean for labour and employment law?

With the Ontario provincial election looming, the three major political parties are on very different paths with their plans for for labour and employment law. The Liberals seem to be aiming to maintain the status quo. The Progressive Conservatives are aiming to freeze minimum wage and the New Democratic Party has plans for sweeping changes to both the labour and employment law regimes.

 

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Proposed changes to the Quebec Act respecting labour standards: What employers need to know

On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.

 

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2018 will be a pivotal year for employers and HR managers in Ontario – #LearnTheLatest

Learn the Latest at the Ontario Employment Law Conference

With most of the amendments of Bill 148 now in effect—along with significant updates to OHS and WCB provisions, the upcoming legalization of recreational marijuana, and more on the way—there are many substantial changes employers in Ontario have to deal with now and throughout 2018.

 

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The latest on the legality of random drug and alcohol testing

This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine.

 

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Is the rule of law at risk in Ontario?

Rule of law

Recently I concluded that the rule of law no longer applies in many Ontario workplaces. The epiphany hit me when I was meeting with the Managing Director of a boutique law firm.

 

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Ontario Passes Bill 148

On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.

 

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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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Ten things Canadian employers need to know about statutory holidays

Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…

 

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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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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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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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Labour Day is a global and national annual holiday

Across Canada, Labour Day is a public holiday that is observed on the first Monday in September every year. This year, Labour Day is Monday September 4, 2017. Government bodies and agencies, as well as most businesses, are closed on Labour Day.

 

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Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation…six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

 

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A primer on undue hardship and frustration of contract

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

 

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