Ministry of Labour
March 17, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Wages and Compensation
Opposition MPP Jonah Schein has introduced a private member’s bill to place stricter limits on unpaid internships in Ontario. Bill 170, Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014, doesn’t seek to eliminate unpaid internships entirely, but rather hopes to make employers more accountable and give interns (and students) more legal clout.
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February 21, 2014 Clear Path Employer Services Health and Safety, Human Resources, Recruiting and Hiring, Training and Development
The Occupational Health and Safety Awareness and Training Regulation (O. Reg. 297/13), will come into effect on July 1, 2014, allowing workplace parties time to prepare. This blog post will provide you with more information about this regulation, an overview of your new training obligations, and identify a number of resources that you can use to assist you in becoming compliant.
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February 18, 2014 Employer Advisor, McCarthy Tétrault LLP Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines
At trial, the employer was convicted of two offences under the OHSA and fined $25,000 for each offence. In determining the sentence, the Justice of the Peace (JP) noted that although the maximum fine for each offence was $500,000, the employer was not a particularly large operation, the injury was not particularly grave, nor did the accident occur as a result of the wilful disregard of a known hazard. The JP also acknowledged that the employer had taken steps “to establish a safe working environment” prior to the accident occurring.
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January 27, 2014 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Penalties and Fines
The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.
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January 27, 2014 Christina Catenacci Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines
In the 2012 Metron Construction and Swartz decisions concerning the deaths of four workers and serious injury of a fifth worker, the Ontario Court of Justice imposed substantial fines but no jail time for the company’s president under either provincial or federal legislation. More recently, however, in R. v. Roofing Medics Ltd., which involved the fatality of one worker, the court did impose jail time on the owner of the company. Employers should take note. It’s not yet clear if the Roofing Medics case will influence future decisions, but the Ontario Court of Justice has at least shown that it is willing to impose jail time on employers that do not comply with health and safety legislation.
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December 18, 2013 Simon Heath, BA, MIR, LLB, Heath Law Health and Safety, HR Policies and Procedures, Human Resources
In a recent decision Hydro One Networks Inc. v. Thisdelle 2013 CanLii 67867, the Ontario Labour Relations Board (“OLRB”) has upheld the decision of a Ministry of Labour Inspector (“MOL Inspector”) to issue a ticket against a Hydro One transportation and utility vehicle on the basis that the vehicle in and of itself constituted a “workplace” and therefore fell within the jurisdiction of the Occupational Health and Safety Act (“OHSA”). This decision gives a broad definition to “workplace” and no doubt means that other vehicles will fall within the jurisdiction of the OHSA.
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December 16, 2013 Stringer LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation
The Ontario Government has proposed legislation which would dramatically alter the legal landscape with respect to the obligations of employers when they use temporary agency workers. Bill 146 also broadens the definition of “worker” under the Occupational Health and Safety Act, broadens the notification requirements for employers who hire foreign workers and makes it more difficult for unionized construction workers exercise their freedom of choice to decide whether they still wish to be represented by a trade union.
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August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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June 12, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation
It is a fact of life for some entering the labour market—the unpaid internship. For young workers, it is an opportunity to gain experience in a desired field. For employers, it is an opportunity to have recent graduates perform necessary work or apprenticeship at less cost all while assessing suitability for continued employment. Perhaps the modern internship is best explained by the following…
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May 27, 2013 Clear Path Employer Services Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation
With university and college students now finished final exams and looking for summer work, it seems fitting that the latest controversy under the spotlight in the news is that of unpaid internships.
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May 13, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation
A situation that arises all the time is whether an employer can deduct the full amount of a loan, an overpayment, the cost of faulty work, cash shortages or stolen goods or the costs of their uniforms. The issue of employer deductions is governed by section 13 of the Ontario Employment Standards Act (ESA) and a clear understanding of the rules will avoid disputes and potential claims by the employee to the Ministry of Labour, Employment Standards Branch.
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April 29, 2013 Marcia Scheffler Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development
Companies have had almost 3 years to implement violence and harassment prevention in the workplace provisions under the Ontario Occupational Health and Safety Act , OHSA (also known as Bill 168). Like other items in the OHSA, obligations on employers to prevent workplace violence and harassment with written policies and programs require ongoing commitment, training, and review. A few highlights of some of the requirements that employers with five or more employees must demonstrate include:
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February 5, 2013 Marcia Scheffler Health and Safety, Human Resources, Training and Development
As of April 1, 2012, the Ontario Ministry of Labour (MOL) officially took over the prevention mandate from WSIB. How has this been impacting employers in 2013 and what real effects are organizations seeing? If you have any comments about this, I’d love to hear.
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January 10, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Training and Development, Wages and Compensation
The three most read articles this week on HRinfodesk deal with changes to CPP contributions, workplace safety awareness training programs and plans for mandatory training in 2014, and payroll rates for 2013.
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September 25, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Union Relations
The Ministry of Labour in Ontario is putting in place several enforcement measures to ensure compliance with Employment Standards and Occupational Health and Safety, including proactive and increased inspections of workplaces.
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We are splitting the total number of employees into two groups - on a weekly rotation basis. One group is coming one week and another... – Mar 25, 5:13 PM
If they are not sick or caring for someone because of COVID-19 they should not be entitled to this leave. That being said, if they... – Mar 25, 11:53 AM
Facebook posting about co-worker = workplace harassment
August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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