On Nov 6, 2024, Bill 216 received Royal Assent, including amendments to Ontario's Construction Act, per recommendations following independent review of the Act
This program will provide an overview and discuss trending topics within the employment lifecycle and provide cross-country case law and legislative updates.
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Wednesday, November 20, 2024
Recent amendments to the Pay Equity Regulations establish an administrative monetary penalty scheme applicable to violations of the Pay Equity Act.
Ontario's Superior Court of Justice found that a termination clause was unenforceable because it gave the employer discretion to terminate "at any time".
The Government of Canada is moving forward with a prompt payment and adjudication regime applicable to federal government projects.
Federal employers should be preparing for key dates upcoming in 2024, including updates to the Canada Labour Code and a key deadline under the Pay Equity Act.
This bulletin discusses a recent decision that found that an arbitration clause that contracts out of applicable employment standards legislation is invalid.
Amendments to the Canada Labour Code require federally regulated employers to provide existing employees with employment statements by October 7, 2023.
Ontario Superior Court of Justice holds that arbitrator's decision to exclude evidence and ignore parties' agreement amounted to procedural unfairness.
Amendments to the Canada Labour Code will increase the minimum notice of termination required for individual terminations, up to a maximum of eight weeks
The Ontario Labour Relations Board has confirmed that employers have broad discretion in choosing workplace investigators to investigate complaints.
Federally regulated employers should be proactively developing their accessibility plans to ensure compliance with the Accessible Canada Act and Regulations.
A summary of the Commission’s key recommendations arising from the Ottawa Light Rail Transit Public Inquiry regarding the public-private-partnership (P3) model.
Federal employers should prepare for the forthcoming approval and implementation of several regulations proposed under the Canada Labour Code.
The Government of Canada has published regulations clarifying how paid medical leave for employees will work.
The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.
Coverage of the 2022 Ontario provincial election discussing the Election Act, employer obligations with respect to voting, and employee political activities.
Deadline for Federal Employers to file First Annual Harassment and Violence Occurrence Report coming March 1, 2022.
Employers in transportation, banking and telecommunications sectors have until February 23 to comment on proposed hours of work exemptions.
Many companies have put forth plans for a gradual re-entry into the office, however current circumstances are proving to be a challenge in this evolving landscape.
Join McMillan’s Employment and Labour experts on Tuesday, January 11th, for a panel discussion as they address your questions and concerns about policies, protocols, obligations and other considerations as you evaluate your RTO strategy.
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Tuesday, January 11, 2022
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
Federal government announces details of mandatory vaccination for air, marine and rail travellers
A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.
Update on proposed right to disconnect, ban on non-compete agreements in the Working for the Workers Act, 2021.
Federally regulated employers have had to adapt to a number of legal changes and challenges in recent years. This virtual workshop will focus on how to address some of the unique challenges faced by federally regulated employers.
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Tuesday, November 2, 2021
The Ontario Divisional Court held that constructive dismissal claims for chronic mental stress from workplace harassment are not statute-barred by the WSIA.
The Government of Canada and British Columbia's Public Health Officer announced mandatory vaccinations for certain workers.
The Supreme Court of Canada in its recent decision determined that releases are to be interpreted using general contract principles and no special rules apply.
The Pay Equity Act, requiring federally regulated employers to develop a comprehensive pay equity plan, takes effect on August 31, 2021
Ontario's Divisional Court rules that the $2.5 million severance threshold in the Employment Standards Act, 2000 must be based on global payroll.
Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.
Guidance on employers' obligations under the new federal Pay Equity Act and its associated regulations, expected to take effect in late 2021.
Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.
Guidance on the various circumstances in which corporate directors can become personally liable for unpaid wages and vacation pay in wrongful dismissal cases.
As of January 1, 2021, federally regulated employers must comply with new requirements imposed by the Workplace Harassment and Violence Prevention Regulations
Review of a federal employer's obligations when terminating an employee under the Canada Labour Code and how
to enforce contractual termination clauses.
Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.
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
The Government of Canada has proposed amendments to the leave provisions in the Canada Labour Code and three new benefits for employees in response toCOVID-19.
The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements
The Ontario government has updated its regulations under the Employment Standards Act, 2000 to extend the province's "COVID-19" period to January 2, 2021
The Ontario Court of Appeal has provided helpful guidance for employers considering their obligations to longer-term employees after a business transaction.
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
Ontario Court of Appeal permitted a proposed class action against Uber Technologies Inc. to proceed despite the plaintiff agreeing to an arbitration clause
SCC‘s decision in Heller v. Uber: employers beware when crafting arbitration clauses to avoid denying employees remedies afforded by the ESA (Ont.)
The Government of Canada has published significant changes to the workplace harassment and violence provisions of the Canada Labour Code.
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
A summary of the key ways to advance or continue litigation during the pandemic.
As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.
As part of the Canada Emergency Wage Subsidy, employers with eligible employees on "leave with pay" can potentially claim an increased subsidy.
The federal government is expanding CERB access and proposes to help with wages of essential employees.
This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.
The Ontario Superior Court of Justice has found one of Canada's largest banks liable for requiring or permitting uncompensated overtime to be worked.
Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.
This seminar provides valuable practical advice to all employers seeking guidance on best practices in their workplace.
Join us as we discuss significant legal developments and provide practical advice on critical issues facing employers in Canada.
Many of the federal government's changes to the Canada Labour Code, proposed through Bills C-44, C-63 and C-86, are now set to take effect on September 1, 2019.
The Ontario Court of Appeal has confirmed in a recent decision that an employee’s duty to mitigate following a without cause termination does not require the employee to accept a notably lesser position with the same employer.
The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.
Ontario Bill 66, the Restoring Ontario’s Competitiveness Act, 2018, received Royal Assent.
Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements
The "Making Ontario Open for Business Act, 2018", repealing changes brought about by Bill 148 under the previous government, has received Royal Assent.
Employment and Labour Seminar Series: Montréal.
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November 8, 2018 - 8:30 am to 10:30 am ET
Bill C-86 would significantly amend the Code's provisions concerning basic employment standards, non-standard employment relationships and termination.
On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)
The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.
Although the obligation to address medical marijuana use by employees has added to the scope of concerns faced by Canadian employers, employers' broad obligations have not changed.
June 2018, the Ontario Court of Appeal released a decision employers should pay attention to as it is more "employer-friendly" than some recent precedents.
Businesses and employees alike have been repeatedly reminded by their lawyers that employment contracts must be carefully and clearly drafted.
The Ontario Government announced that it would walk back one of the more controversial changes to the Employment Standards Act, made as a result of Bill 148
'Tis the Season - Ontario Government Introduces Bill Setting Minimum Pay Rates for Private-Sector Contractors on Government Contracts
Budget 2018 includes EI Parental Sharing Benefit, New pay equity legislation and transparency measures and CPP and EI contributions
In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.
Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition
Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions
Ontario Files Regulations to Clarify the Implementation of Bill 148: Impacts for the Auto Sector, Construction Industry and Others
Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.
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November 14, 2017
Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Bona Fide or Not? B.C. Human Rights Tribunal examines what constitutes a bona fide benefits plan
Ontario Private Member's Bill Proposes Broadened Human Rights Code
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.
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September 28, 2017
New Ontario Workplace Legislation to Impact Use of Contract and Temporary Workers
Boucher v. Ontario (Superintendent of Financial Services) – Confirmation of Limits on Entitlement to Commuted Pension Value
Court of Appeal for Ontario Affirms Strong Limitation on Employee's Post-Termination Bonus Entitlement
Ontario Proceeding with Important Amendments to the Labour Relations Act, 1995
Ontario Eases Solvency Funding Requirements
The 2017 Ontario Budget – Pensions and Benefits Play a Central Role
What You Meant vs. What You Said – Employer's Words Interpreted as Termination
Office of the Superintendent of Financial Institutions Releases PRPP Filing Guide
We've Overpaid, Now What? OLRB Confirms Employers' Obligations in Addressing Pension Overpayments
No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?
Update: Federal Pooled Registered Pension Plan Legislation Amended to Recognize Ontario Legislation
Recent Cases Confirm Obligations When Holding Former Employees to Non-Competition Covenants
New Regulatory Authority for Pensions on its Way
Ontario's Pooled Registered Pension Plans Act Takes Effect
Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses
McMillan's Labour and Employment Group invites you to join us at our annual employment and labour seminar.
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8:00 AM - 11:30 AM
Bonus Plans: Being "Actively Employed" May Include Being Fired
When does a bonus form part of compensation owed during a terminated employee's notice period?
Update: Formal Workplace Measures to Combat Sexual Harassment Required by September 2016
Ontario's Sexual Violence and Harassment Plan Act Passes First Reading
Heads Up! More Changes to Ontario's Labour and Employment Laws are Likely on Their Way
The Most Important Question is Why: the SCC Revisits Constructive Dismissal
Responding to recent events where the issue of sexual harassment has obtained national focus, the Ontario Human Rights Commission published an information bulletin on sexual harassment in the workplace.
Call it What you Want, It's Still Constructive Dismissal
Three New Leaves for Ontario Workers to Take Effect October 29, 2014