Ontario Ministry of Labour
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 workers, unions and businesses for two years on a wide range of work-related issues. This was the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single manner.
The following is a brief overview of what has been recommended of interest to employers, HR and payroll professionals, Unions and other interested stakeholders, and what they need to be aware of—including what you need to do to prepare for these significant changes to your workplace practices.
1. Creation of a “Workplace Rights Act” that combines three… Continue reading “Changing Workplaces Review final report: Sweeping changes to Ontario employment law coming”
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 individuals who perform work for a criminal enterprise. Although the ESA has many broad exemptions for whether someone is an “employee” covered by employment standards, it does not, however, exempt individuals working for a criminal enterprise.
The statutory interpretation maxim of “implied conclusion” supports a finding that the ESA applies to an individual who performs work for a criminal enterprise. An implied conclusion lies whenever there is reason to believe that if the legislature had meant to include a particular thing with its legislation, it would have referred to that thing (i.e. criminal activity) … Continue reading “Are employees of a marijuana dispensary protected by employment standards?”