Bottom Line The recent decision by Arbitrator Herman in Lakeridge Health v CUPE, Local 6364, 2023 CanLII 33942 (ON LA), confirms the reasonableness of a hospital’s mandatory vaccination policy and upholds the hospital’s decision to terminate the employment of employees who refused to comply with the policy. Although he upheld the policy and the terminations, […]
We are excited to welcome our 2023 summer students to the firm! Melina Fazzari, Elana Joseph, Rebecca Manga, and Cavina Tsoi will be joining our team in Toronto, and Jessica Krueger will be based out of our London office.
Bottom Line On April 17, 2023, the Government of Ontario proposed Bill 98, the Better Schools and Student Outcomes Act, 2023. If passed, Bill 98 would make significant amendments to several education-related statutes, including the Education Act; the Early Childhood Educators Act, 2007; and the Ontario College of Teachers Act, 1996. Amendments to the Education […]
Bottom Line In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, the Ontario Superior Court of Justice awarded a whopping seven months’ damages in lieu of common law reasonable notice and $15,000 in moral damages to a relatively short-service employee. The Court relied on a covert recording taken by the Plaintiff during the termination meeting […]
Bottom Line Despite a “saving provision” that purported to incorporate the provisions of the Employment Standards Act, 2000 (the “ESA”) into the employment agreement, the Ontario Superior Court of Justice in Tan v. Stostac Inc., 2023 ONSC 2121, found a termination clause to be unenforceable for inconsistency based on the principles articulated in Waksdale v. […]
For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – April 2023.
Overview On November 30, 2022, OpenAI publicly launched ChatGPT, a Large Language Model (“LLM”) based Chatbot. With its remarkable ability to replicate human speech, ChatGPT shifted the public’s perception of AI and its potential uses. After just two months, ChatGPT had reached 100 million users, making it the fastest-growing consumer internet application in history. Of […]
Bottom Line The Occupational Health and Safety Act (the “OHSA”) requires employers to investigate incidents and complaints of workplace harassment in a manner that is “appropriate in the circumstances”. While this broad language leaves employers with flexibility in the conduct of investigations, it provides little guidance about more nuanced aspects of investigations, such as how […]
Earlier today, the Ontario Government announced its plan to increase the minimum wage rates under the Employment Standards Act, 2000. Effective October 1, 2023, the following minimum wage rates will apply to provincially regulated employers in Ontario: Employee Class Current Minimum Wage Rate Minimum Wage Rate Effective October 2023 Employees who are students under […]
For the most recent global employment law updates from L&E Global, please visit Employment Law Tracker – March 2023.
On March 20, 2023, the Government of Ontario introduced another omnibus bill impacting employers — Bill 79, the Working for Workers Act, 2023. If passed, Bill 79 will amend multiple employment-related statutes, including, the Employment Standards Act, 2000 (“ESA”); the Occupational Health and Safety Act (“OHSA”); and the Employment Protection for Foreign Nationals Act, 2009 […]
Bottom Line The Court of Appeal in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, upheld the dismissal of a defamation action under section 137.1 of the Ontario Courts of Justice Act (the “CJA”). The Court’s decision provides interpretive guidance on when workplace investigations will be considered “matters of public interest” that may be protected […]