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Important decision regarding mitigation of damages following termination
The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law of mitigation. The duty to mitigate is an employment law principle that requires...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Sweeping changes to employment coming: Changing Workplaces Review final report released On May 23, 2017, the Government of Ontario released the...
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Ontario Court of Appeal addresses the issue of what constitutes mitigation...
“As a result of this recent decision from Ontario’s Court of Appeal, counsel need to be mindful of the fact that not all mitigation income is equal, and some may not be counted as mitigation income at...
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Bill 17: Proposed changes to Alberta’s Employment Standards Code
On May 24, 2017, the Government of Alberta tendered and passed first reading of Bill 17: Fair and Family-friendly Workplaces Act (the “Bill”). The Bill proposes a number of significant amendments to...
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Beyond the final report: Government of Ontario charts its own course...
We reported on the Government of Ontario’s release of the Changing Workplaces Review Final Report, which comprehensively reviewed Ontario’s Employment Standards Act, 2000 (the “ESA”) and Labour...
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Rewriting employment standards: Gearing up for policy revisions
On Wednesday May 24, 2017, Alberta introduced Bill 17, Fair and Family Friendly Workplace Act, which is its first major overhaul of employment standards in that province since 1996. The proposed...
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Recent developments: Gender identity and gender expression proposed legislation
Two recent initiatives include the Yukon legislature introducing Bill 5, Act to Amend the Human Rights Act and the Vital Statistics Act (2017), and also the federal C-16, An Act to amend the Canadian...
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Minister of Labour Kevin Flynn to join the Ontario Employment Law Conference...
The provincial government is acting quickly to implement the recommendations of the Changing Workplaces Review. Join Minister Flynn on June 20 at the Ontario Employment Law Conference to hear about the...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Employment Standards Act reforms underway Proposed legislation, Bill 148, The Fair Workplaces, Better Jobs Act, 2017, was tabled on June 1, 2017...
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Alberta employment and labour law reforms passed
On June 7, 2017, outside of House sitting, Bill 17, Fair and Family-friendly Workplaces Act received royal assent with amendments. This means effective January 1, 2018, most of the new rules updating...
View ArticleJune 9, Happy Tax Freedom Day 2017!
The Fraser Institute just announced that June 9 is Happy Tax Freedom Day 2017 (although the date varies depending on where you live in Canada). According to the Fraser Institute calculations, from that...
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Social media background checks and privacy laws
Social media has drastically changed the way people communicate and do business. Naturally, employers may want to take advantage of the convenience of performing background checks on social media. But...
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OHSA in wonderland: Through the looking glass
Section 50 of the Ontario Occupational Health and Safety Act (“OHSA”) prohibits an employer from disciplining an employee who has sought enforcement of this law. Guilty until proven innocent If an...
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Bad facts make bad law (for employers): Court recognizes new tort of...
The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court. The case In Merrifield v. The Attorney General, the employee...
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Only one week left to register for the Ontario Employment Law Conference...
The 18th annual Ontario Employment Law Conference will be taking place on Tuesday, June 20, 2017 at the Corporate Event Center at CHSI in Mississauga. We are very much looking forward to hearing from...
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Employee engagement in the modern workplace
The modern workplace requires innovation, agility and creativity when it comes to employee engagement, learning and development, how to accept and embrace the high turnover, gig economy, and how to...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Court of Appeal upholds award to constructively dismissed McDonald’s manager The Ontario Court of Appeal recently upheld a trial decision that...
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Ontario court: “Total payroll” must be considered when assessing employer...
“The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the...
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Departing employees gone rogue
“There are many cases highlighting the crippling business consequences of departing employees gone rogue, particularly when those employees were also “key persons” in the business.” Sophisticated...
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Owner/operator Labour Market Impact Assessment and its importance for...
Any Canadian employer wishing to employ a temporary foreign worker (“TFW”) in Canada must first obtain authorization from the government, which is typically obtained by proving that the hiring of a TFW...
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