Using arbitration clauses in employment agreements

Using arbitration clauses in employment agreements

In Ontario, where a dispute between an employer and an employee (or former employee) cannot be resolved informally – which is usually a more expedient and practical option - recourse to the courts is generally available.

2024 legislative changes affecting Ontario-based employers

2024 legislative changes affecting Ontario-based employers

We are not yet at the halfway point of 2024. Despite this, both Queen’s Park and Parliament Hill have already been quite busy creating new rules that will apply to employers with operations in Ontario. In this article, we highlight a few of the major changes announced in the Working for Workers Five Act, 2024 and the 2024 Federal Budget and summarize how these may impact your organization.

Working for Workers: Take Four

Working for Workers: Take Four

On November 14, 2023, the Ontario provincial government tabled Bill 149 (the Working for Workers Act, 2023). This is the fourth installment in Ontario’s “working for workers” legislative changes. If passed into law, Bill 149 will result in amendments to several employment statutes including the Employment Standards Act, 2000 (“ESA”) and the Digital Platform Workers’ Rights Act, 2022 (“DPWRA”).

Change is Coming to Termination Requirements under the Canada Labour Code

Change is Coming to Termination Requirements under the Canada Labour Code

As of February 1, 2024, Part III of the Canada Labour Code (“CLC”) will require federally-regulated employers (including those in the private sector and Crown corporations) to meet the following obligations when terminating employment:

Holidays in the Sun: Understanding Employee Vacation Rights

Holidays in the Sun: Understanding Employee Vacation Rights

As August rolls by, many of us are heading to cottages, beaches, and other exotic places to enjoy some well-earned R&R in the sun. For most (not within the blessed leisure classes) this means requesting time away from work and using our paid vacation time.

Employment statements: now mandatory for federally regulated employers

Employment statements: now mandatory for federally regulated employers

Due to recent changes to the Canada Labour Code (the “Code”), federally regulated employers are now required to provide workers with written “employment statements”.

Condonation of an Unpaid Temporary Layoff Requires Positive Action

Condonation of an Unpaid Temporary Layoff Requires Positive Action

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Court of Appeal for Ontario recently issued an important ruling regarding the law of unpaid temporary layoffs.

Is a new test emerging for worker classification?

Is a new test emerging for worker classification?

Workers are usually categorized as an employee or a contractor. Each category comes with its own distinct set of entitlements and obligations. Generally speaking, a contractor is someone in business for themselves, while an employee works for the benefit of another’s business.