What will 2023 have in store for labour and employment law? L&E Global’s “2023, Looking Ahead” report explores the key trends and developments for workplaces around the globe. The report features contributions from Rob Bayne, Emily La Mantia, and Cassandra Ma. Read the full report online.
Bottom Line Although the Government of Canada passed the Accessible Canada Act (the “Act”) in 2019, it did not establish the dates by when federally regulated employers would be required to comply with the new accessibility requirements until 2021. These compliance deadlines are now approaching for some employers: By June 1, 2023, federally regulated employers […]
Bottom Line As we detailed in our previous update from March 2, 2022, the Working for Workers Act, 2022 (“Bill 88”) will amend the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (“OHSA”), to require certain employers to make naloxone kits available in the workplace. These amendments were recently proclaimed into force and will […]
Bottom Line In a recent trilogy of decisions, the Ontario Court of Appeal held that organizations do not breach the tort of intrusion upon seclusion where they have been subject to a data breach caused by a third-party “hacker” or independent “threat actor”. The Privacy Tort of Intrusion upon Seclusion In its 2012 decision of […]
Bottom Line Effective June 1, 2023, certain Ontario-based employers will be required to have a naloxone kit in the workplace and ensure that workers are trained to administer naloxone. These requirements arise from Bill 88’s amendments to Ontario’s Occupational Health and Safety Act, which were proclaimed into force by Order in Council 1570/2022. To learn more […]
Bottom Line In National Organized Workers v Sinai Health System, 2022 ONCA 802 (“Sinai Health”), the Court of Appeal for Ontario confirmed that it may be inappropriate to grant an injunction to restrain a workplace vaccination policy. The National Organized Workers Union (the “Union”) had sought an injunction to restrain Sinai Health System (the “Employer”) […]
Bottom Line Today, amendments to the Canada Labour Code (“Code”) come into force to provide federally regulated private sector employees with up to 10 days of paid medical leave per calendar year. These amendments arise from Bills C-3, An Act to amend the Criminal Code and the Canada Labour Code, and C-19, An Act to […]
Bottom Line The Canadian Human Rights Commission (“CHRC”) has amended and updated its Complaint Rules. The new rules apply to all complaints received by the CHRC after October 19, 2022, and to any complaint that has entered a new stage of the CHRC’s complaint process as of October 19, 2022. As the CHRC’s jurisdiction arises […]
Bottom Line In a recent ruling, the Court of Appeal for Ontario set aside a lower court decision that reduced a dismissed employee’s reasonable notice period on the grounds of poor mitigation efforts. The Court of Appeal’s decision confirms that the duty to mitigate requires a dismissed employee to seek employment comparable to the position […]
Bottom Line When an employee disagrees with a unilateral change to their employment, they are free to resign, claim damages, and relocate. However, as the Ontario Superior Court of Justice recently found in Quesnelle v. Camus Hydronics Ltd., 2022 ONSC 6156 (“Quesnelle”), if a dismissed employee moves from a location that has a robust job […]
Bottom Line The Ontario Superior Court of Justice (the “Court”) in Savarie v. Leon’s Furniture Limited, 2022 ONSC 6116, recently upheld the “for cause” termination of a long-service managerial employee. Background Facts The case involved a wrongful dismissal claim commenced by a former Area Supervisor (the “Employee”) for Leon’s Furniture Limited (the “Employer”). The Employee […]