Canadian Labour and Employment Law

Latest from Canadian Labour and Employment Law

July 23, 2021

On June 29, 2021, the Federal Government passed Bill C-30, Budget Implementation Act, 2021, No. 1, introducing a number of changes impacting federally regulated workplaces and extending existing COVID-19 related economic measures. Changes to the Canada Labour Code (“CLC”): Child Death & Disappearance Leave: The maximum period of leave for a parent of a child who has disappeared increases from 52 to 104 weeks, and eligibility for the leave extends to parents of children…

Canadian Labour and Employment Law

Canadian women make 89 cents for every dollar men earn. Can new federal legislation narrow that gap?

By Jordan Kirkness

July 12, 2021

Jordan Kirkness was interviewed and quoted in a recent CBC article, “Canadian women make 89 cents for every dollar men earn. Can new federal legislation narrow that gap?” Click here to read the article. This article was originally posted in CBC News.…

Canadian Labour and Employment Law

Ontario Moves to Step Three of the Roadmap to Reopen Five Days Early

By William Watson, Dave Bushuev, Jordan Kirkness & Matthew De Lio

July 10, 2021

On July 9, 2021, the Ontario government announced that the province will enter Step Three of the Roadmap to Reopen on Friday, July 16, 2021, five days earlier than expected. Under Step Three, the following is permitted to operate: indoor dining with no limits on the number of patrons per table with physical distancing and other restrictions still in effect; indoor meeting and event spaces with physical distancing and other restrictions still in effect and…

Canadian Labour and Employment Law

Canada’s Federal Pay Equity Regime Commences August 31, 2021

By Jordan Kirkness

July 7, 2021

Today, Canada’s Minister of Labour announced that Canada’s federal Pay Equity Act (“Pay Equity Act”) will come into force on August 31, 2021. This is a big step towards eliminating systemic discrimination, reducing gender wage inequalities that have been exacerbated by the pandemic, and promoting equal pay for work of equal value in the federal sector. The Pay Equity Act aims to achieve “pay equity” as opposed to “equal pay for equal work”. Equal pay…

Canadian Labour and Employment Law

Evidence of Intent Necessary to Find Common Employer Liability

By George Avraam & Shyama Talukdar

July 1, 2021

In an encouraging decision for employers, the Ontario Court of Appeal clarified that a corporation is not a common employer just because it “owned, controlled or was affiliated with another corporation that had a direct employment relationship with the employee”. In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385, the Court affirmed that the doctrine of common employer cannot be applied if there is no intention to create an employer/employee relationship between the individual and…

Canadian Labour and Employment Law

Ontario Moves to Step Two of the Roadmap to Reopen Two Days Early

By William Watson, Dave Bushuev, Matthew De Lio & Jordan Kirkness

June 25, 2021

On June 24, 2021, the Ontario government announced that the province will enter Step Two of the Roadmap to Reopen two days earlier than expected, at 12:01 a.m. on Wednesday, June 30, 2021. Under Step Two, the following is permitted to operate: essential and other select retail at 50% capacity; non-essential retail at 25% capacity; personal care services where face coverings can be worn at all times and with other restrictions, at 25% capacity; and…

Canadian Labour and Employment Law

Ontario Government Amends Notice and Reporting Requirements under the Occupational Health and Safety Act

By Andrew Shaw, Ajanthana Anandarajah & Alessandra Fusco

June 22, 2021

On June 7, 2021, the Government of Ontario filed amendments to several Regulations made under the Occupational Health and Safety Act (“OHSA”). The majority of the amendments relate to the reporting of workplace accidents. Employers in Ontario should review their current incident reporting policies and procedures regarding critical injury or fatalities in the workplace to determine what, if any, changes need to be made to current practices, policies and procedures. To ensure compliance, employers should…

Canadian Labour and Employment Law

Deemed Infectious Disease Emergency Leave Extended Again to September 25, 2021

By Andrew Shaw, Ajanthana Anandarajah & Alessandra Fusco

June 22, 2021

On June 4, 2021, the Ontario Government announced that the “COVID-19 Period” and the temporary measures introduced by O. Reg. 228/20: Infectious Disease Emergency Leave (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) have been extended until September 25, 2021. The Regulation, which was first introduced in May 2020, provides employers with temporary relief from the notice of termination and severance pay obligations under the ESA during the “COVID-19 Period”. That is, non-union…

Canadian Labour and Employment Law

Proactive Steps to Address Systemic Discrimination and Inequality in the Workplace (Video)

By Jennifer Bernardo, Dave Bushuev & Shyama Talukdar

June 21, 2021

In light of recent social justice movements, businesses are increasingly aware of issues pertaining to diversity and inclusion, making it essential for employers to take proactive steps to address inequality in the workplace. Our presenters explore how to set up special programs under human rights legislation, and discuss best practices for advancing substantive equality in Canada. Click here to watch the video.…

Canadian Labour and Employment Law

BC Court Deducts CERB from Wrongful Dismissal Award

By Ajanthana Anandarajah, Dave Bushuev & Jordan Kirkness

June 11, 2021

In a recent decision, the British Columbia Supreme Court (“BC Court“) ruled that Canada Emergency Response Benefit (“CERB”) payments earned during the notice period would be deducted from wrongful dismissal damages. This decision stands in stark contrast to that recently issued in Ontario, where the Superior Court of Justice (“Ontario Court“) refused to deduct CERB benefits from a damages award. The apparent inconsistency between the cases will have to be resolved in future litigation. In…

Canadian Labour and Employment Law

Blog Authors

Federal Budget Bill Changes Canada Labour Code and Economic Support Programs

Canadian women make 89 cents for every dollar men earn. Can new federal legislation narrow that gap?

Ontario Moves to Step Three of the Roadmap to Reopen Five Days Early

Canada’s Federal Pay Equity Regime Commences August 31, 2021

Evidence of Intent Necessary to Find Common Employer Liability

Ontario Moves to Step Two of the Roadmap to Reopen Two Days Early

Ontario Government Amends Notice and Reporting Requirements under the Occupational Health and Safety Act

Deemed Infectious Disease Emergency Leave Extended Again to September 25, 2021

Proactive Steps to Address Systemic Discrimination and Inequality in the Workplace (Video)

BC Court Deducts CERB from Wrongful Dismissal Award

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