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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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Family Day February 19: Which provinces have a day off with pay?

In Alberta, Manitoba, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan and New Brunswick, Family Day is recognized as a public (statutory) holiday and employees get the day off with pay, if eligible. Each year, these provinces celebrate Family Day on the third Monday in February. In 2018, Monday, February 19 is Family Day.

 

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Family Day in British Columbia, February 12

Family Day in British Columbia is a statutory (public) holiday that is celebrated the second Monday in February each year. On Monday, February 12, 2018, British Columbians will be celebrating their sixth Family Day.

 

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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 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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the Fair Workplaces, Better Jobs Act, 2017, new payroll rates and Bill 148’s amendments to the Employment Standards Act, 2000 and to the Occupational Health and Safety Act.

 

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Top 10 employment law developments in 2017

In 2017, the provincial legislature and Ontario judges continued to change Ontario’s employment laws. These changes resulted in higher payroll costs and a more regulated workplace. This blog briefly identifies 10 employment law developments from the past year.

 

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Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

 

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Entitlement to bereavement leave in Ontario

How much paid bereavement leave is an hourly employee entitled to in Ontario? And what constitutes “evidence reasonable in the circumstances” to demonstrate entitlement to personal emergency leave?

 

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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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Is the first Monday in August considered a statutory holiday?

Is the first Monday in August considered a statutory holiday in your jurisdiction? This year, the first Monday is August 4.

 

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Long-term construction employees may be entitled to reasonable notice of termination

Generally, construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario Regulation 288/01 of the Act explicitly exempts them from such minimum employment standards. However, a long-term construction employee may still be entitled to common law reasonable notice, which is much more lucrative than what the Act provides for anyway. Nevertheless, how much notice a construction employee is entitled to under the common law remains an unsettled test in Ontario.

 

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Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Ontario Employment Standards Act reforms underway; employees awarded $15,000 each in moral damages against employer; and upcoming employment and labour law changes in Alberta.

 

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Minister of Labour Kevin Flynn to join the Ontario Employment Law Conference #learnthelatest

Join Minister Flynn on June 20 at the Ontario Employment Law Conference to hear about the newly tabled The Fair Workplaces, Better Jobs Act and the Ontario government’s other plans for the 173 recommendations from the Changing Workplaces Review final report. This special luncheon presentation will be followed by a short question and answer period for conference attendees.

 

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