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Bill 148 Client Questions: Vacation Entitlements

Bill 148 has brought significant amendments to the Ontario Employment Standards Act.  Over the past couple of months SpringLaw presented a series of Bill 148 webinars to our clients. We designed this series to help our employer clients get acquainted with all the changes introduced by the Bill 148 amendments. We covered the following topics: … Continue Reading

Huge Moral Damages Award

Wal-Mart Canada has been hit with the largest award for moral damages in a Canadian employment case ever. In December, the Ontario Superior Court awarded punitive and moral damages of $750,000 to former Wal-Mart Canada employee Gail Galea. Read the full decision here (nearly 100 pages). Ms. Galea was a senior management employee, hired by Wal-Mart … Continue Reading

Artificial Intelligence in Recruiting

Stories about artificial intelligence (AI) stealing our jobs and robots going rogue have been in our collective consciousness for years. Elon Musk has also sounded the alarm bells, calling AI the “biggest risk we face as a civilization”. While he may know a few things I don’t, I can’t say that I agree. Always one … Continue Reading

Criminal Records and Employment Law

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 … Continue Reading

Labour Day

The first Monday of September is Labour Day (Labor Day to our friends in the States). In Canada, this is a provincial statutory holiday, celebrated in all of our Provinces and Territories. Most businesses will be closed, with the exception of business that fall under provincial retail business holiday acts, such as tourist destinations and … Continue Reading

Transgender Rights and Employer Responsibilities

Trans rights have been in the news a lot lately. During his eventful tenure, President Trump has eroded existing protections for transgendered individuals in the United States. This winter he removed protections for transgendered students in public schools that allowed them to use the bathroom of their gender expression, and not their physical sex. At … Continue Reading

Bill 148 Fair Workplaces Changes:  Scheduling, Leaves and Vacation

This is the third post in my series about the proposed Bill 148 legislative changes. In this post I discuss changes related to scheduling, leaves and vacations.    Under the proposed changes employees will have the right to increased workplace flexibility and increased leave entitlements. Let’s take a look at the breakdown of these expected … Continue Reading

Ontario Employment Law Reform on Horizon

The Ontario government has been reviewing employment laws and labour standards in Ontario, the first such major review since the mid-1990s. A package of reforms is expected to be released next week.  “Changing Workplaces” has been a two-year review, headed by outside experts Michael Mitchell and John Murray.  The Ministry of Labour’s website contains the … Continue Reading

Contract Enforceability

Must the Employee Sign Off Prior to the Start Date? When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if the contract can be set aside.  If the contract … Continue Reading

New AODA Requirements Effective January 1, 2017

As of January 1, 2017, several new requirements have taken effect under the disability law regime in Ontario.  The Integrated Accessibility Standards (IAS) made under the Accessibility of Ontarians with a Disability Act (AODA) sets out a comprehensive framework for business in Ontario to ensure the accessibility for employees and customers. Since 2012, employers have … Continue Reading

When Employees Fail to Engage in the Accommodation Process

Last week I wrote about the statutory framework of the family status accommodation requirements in Ontario.  The case that has moved this area of law along is Misetich v Value Village Stores (2016 HRTO 1229, “Misetich”), a case the Human Rights Tribunal of Ontario (HRTO) released this fall.   This case intersects with disability accommodation … Continue Reading

Family Status Discrimination: The Statutory Framework

Discrimination on the grounds of “family status” continues to be a hot topic for Canadian employers. Are employers required to accommodate an employee’s eldercare obligations? Are these sorts of obligations different than an employee’s childcare obligations?  Where is the line between personal preference to help out one’s parents and a medical or legal obligation that … Continue Reading
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