Ontario's Superior Court of Justice found that a terminated employee failed to mitigate by refusing to accept an offer of comparable employment.
Ontario's Superior Court recently emphasized that the onus is on the employer to show the failure of a former employee to mitigate in wrongful dismissal cases.
Ontario will propose legislation aimed at providing additional transparency to Ontario workers, including salary ranges and use of artificial intelligence.
This bulletin discusses the recent decision in Williams v. Vac Developments Limited regarding gag defamation proceedings commenced by employers.
Employers in the tech industry will now be able to take advantage of improved and entirely new immigration pathways to address their labour needs.
By law, employers are required to provide employees that are eligible voters with three consecutive hours to vote during polling hours on Election Day.
This bulletin provides a summary of legislative protections for political belief across Canada, followed by an overview of the implications for employers.
The Ontario Court of Appeal recently held that an employer’s past practice of laying off employees may not constitute an implied term permitting layoffs.
Update on Bill 79, Working for Workers Act, 2023, as it continues to progress towards becoming enacted.
As politics become more polarized in Canada and abroad, and as social media continues to encroach on the workplace, employers have to understand how to deal with political views that come into the workplace.
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Thursday, March 9, 2023
proper termination practices, punitive damages, moral damages, wrongful dismissal damages
Recent immigration policy changes relating to off-campus work by international students in Canada
The Ontario government passed legislation containing the “right to disconnect”. Or did they? (they didn’t). But Ontario employers with 25 or more employees have to have a policy on the right to disconnect as of June 2. How should employers approach the policy, manage employee expectations and is the rest of Canada looking to follow suit?
Join McMillan’s Employment & Labour Relations Group as we discuss the requirements of the legislation, considerations in drafting the policy and impacts for employers across the country.
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Tuesday, April 19, 2022
The Government of Ontario has released the latest amendments to O. Reg 364/20, setting out new requirements for employers as of January 31, 2022.
Ontario passes legislation creating a right to disconnect and banning non-compete agreements
Federal government announces details of mandatory vaccination for air, marine and rail travellers
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
A recent labour arbitration decision in Ontario found that an employer can implement a mandatory COVID-19 testing policy.
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
Two recent decisions of the Ontario Human Rights Tribunal elaborate on employers’ procedural duty to accommodate.
While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.
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February 10, 2021 - 2:00 pm to 3:00 pm EST
Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
"The Risk of Red Herrings": Failing to provide evidence of misconduct leads to punitive damages
On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.
Human Rights Tribunal of Ontario Revisits Test for Family Status Discrimination
This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.
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November 10, 2020 - 11:30 am to 1:30 pm
Purchasers in commercial transactions are not entitled to contract out of their Employment Standards Act obligations for an employee's prior service.
On July 24, 2020 the Reopening Ontario Act 2020, known colloquially as Bill 195, came into effect, bringing an end to the provincial state of emergency
Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 - Travel Restrictions and Quarantine Requirements.
The Ontario Superior Court of Justice provides guidance on enforceability of termination provision for Ontario construction employees.
The Ontario Court of Appeal releases a ground breaking decision with respect to enforceability of termination provisions in employment agreements.
On January 1, 2018, the Employment Standards Act, 2000 (“ESA”) was amended to provide for increased vacation entitlements for employees whose “period of employment” is five years or more.
As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.
The Canada Emergency Wage Subsidy offers government subsidies of up to 75% of qualifying employee wages.
COVID 19 – Prohibition of Entry into Canada to Minimize the Risk of Exposure to COVID-19 in Canada: What Employers Need to Know
Help for businesses to identify issues & suggest risk mitigation steps regarding the COVID-19 outbreak & the potential for economic & operational disruption
What steps should corporations take to mitigate the risks posed by COVID-19 to the health and safety of their workforce and contractual obligations.
As Canada confirms its first cases of the Coronavirus, we remind employers and employees of their rights and responsibilities in the workplace.
Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.
Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.
Whether you are new to the cannabis industry, interested in starting a cannabis business, or have been seizing opportunities for a while — join us for an interactive day on the strategic and legal implications of the legalization of cannabis in Canada.
Details
October 30, 2018 - 7:30 am to 3:35 pm
On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)
McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.
McMillan LLP and McMillan Vantage Policy Group invite you to our ‘Post-Election Insights’ event. Our panel of government relations experts have deep political knowledge and first-hand experience with the campaigns.
Details
June 20, 2018 - 7:30 AM to 9:00 AM
On May 18, 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released its interim decision in Talos v Grand Erie District School Board.
Ontario Government enacted the Pay Transparency Act, 2018
Ontario Immigration Act established comprehensive framework for application and administration of Ontario Immigrant Nominee Program by strengthening transparency consistency and accountability of OINP
BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
All Notice and No Work Makes "Working Notice" Null and Void
The Demise of NAFTA: Creating Uncertainty for Foreign Workers
Please join us for a practical and in-depth discussion aimed at HR professionals, in-house counsel and operations managers, who want to prepare and better understand how Bill1 48 will impact their business.
Details
September 28, 2017
"She Got a Break Today" - Court Refuses to Deduct Earnings During Notice Period
Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995
Changing Workplaces Review Recommends Significant Changes to Ontario's Labour and Employment Laws
Don't Let the Door Hit Your Bonus on the Way Out: Resignations and Bonus Payments
Tips for Supporting an Employee's Application for Provincial Nomination from Recent BC PNP Decision
Indignation Not Resignation: an employee storming off does not mean she is quitting
The Employee Doth Protest the Right Amount: Implementing Changes To Employment Contracts
McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.
Details
8:00 AM - 11:30 AM
Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light
The Cure for What Ails You: Court Rejects "Technical Objections" to Termination Provision
Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana
Shes Lovin It! Poor Use of Performance Plan Leads to Wrongful Dismissal
The Ministry of Labour's Ballroom Blitz: Are You Ready?
Take Control of Your Offers: The Cautionary Tale of Buaron v AcuityAds Inc.
"Intern(al) Affairs": Managing Unpaid Internships in Ontario
It's a Two-Way Street: Employees are Required to Give Notice of Resignation
The Price to Entice: Three-Year Employee Awarded 14 Months of Notice
Hiring Employees for Startups: the milestone that could turn into a stumbling block
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