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On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers,  received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments. 

Mass Terminations Under the ESA:

One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers

Receiving notice to bargain can be overwhelming for an employer, especially if it is to negotiate a first collective agreement. It is important to understand key steps in the process in order to be prepared to achieve the best outcome for your business. 

Do not feel rushed 

There is no need to immediately schedule bargaining sessions once you receive notice to bargain. The obligation is to commence bargaining within a reasonable time frame such that the employer is not interfering with the union’s right to collective bargaining. Understandably, it could take up to a few months to align schedules of the bargaining teams on both sides and to ensure adequate time for preparation. Continue Reading “You’ve been served with notice to bargain, now what?” 

At SpringLaw we get a lot of questions from both employers and employees about the intersection of the criminal law and the employment relationship. Unfortunately it’s easier, and likely more common, than you might think to get somehow mixed up in a police database or wind up with a criminal record.

Many employers will require …

Most companies know which are some of the obviously dangerous questions to ask during a job interview.  Are you planning to have children (i.e. many expensive parental leaves)?  Do you have a happy (i.e. stable) marriage? Are you religious (i.e. a different religion than me)?

What about the less obvious questions?  Focusing on any characteristic protected under the Ontario Human Rights Code (“Code”) is inviting trouble.  If a job candidate can then establish that they did not get a job even in part because of discrimination, the employer may be facing a claim.  The Code is crystal clear that the human rights regime applies throughout the entire employment relationship, from the interview and pre-employment stage, right through to termination.Continue Reading Human Rights During the Job Interview

Does racism necessarily lead to a poisoned workplace?

At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that while the former employee, Johnson, “genuinely believed that he had been the victim of racism in his workplace” and that his “perception of events unfortunately…

I love stories like this:  17 year old Courtney Greer from Waterloo, Ontario, tries out for the boys’ soccer team, makes the team on her own athletic ability and is then told she is not allowed to play in the league.  She then has the guts to publicly fight it and files a claim against the Ontario Federation of…

Earlier this week, I received an email from the owner of a small company who was frustrated at all of the resources available for employees and the lack of resources for employers.  She pointed out that the various human rights commissions across Canada will often offer services to complainants, and that in general, the system…

Certain industries such as trucking or the oil fields have had a history of a male-dominated work force where the workplace culture may indeed have been a little rough. 

Two recent decisions highlight the requirement that all industries, regardless of a historical “culture”, must adhere to employment and human rights law.

On February 5, 2010…