Malcolm MacKillop's Blog, page 10

Coronavirus: Best Practices for Employers to Ensure a Healthy Workplace

With the spread of the Novel Coronavirus (2019-nCoV or “Coronavirus”), employers should refresh their knowledge of their obligations towards their employees and take steps to ensure they foster a healthy workplace environment.

Employee Absence

Employers have an obligation to ensure a safe and healthy workplace for their employees. If employers have a reasonable basis to believe an employee may have Coronavirus, for instance, if an employee or one of their family members have recently visited...

Checking it Twice: A List of 12 Legal Considerations for the Holidays

Health and Safety at Company Events

The definition of “workplace” under the Ontario Occupational Health and Safety Act (“OHSA”) is broad. Thus, an employer’s obligations under the OHSA apply to company-sponsored social functions, such as a holiday party.

Employers should take reasonable steps to ensure worker safety at off-site company events such as holiday parties. Specific examples of such steps are outlined further, below.

Responsible Alcohol Use

Courts have held employers liable for an...

Ontario Small Claims Court is Increasing Cap from $25,000 to $35,000

Starting January 1, 2020, litigants will be able to bring claims of up to $35,000 in the Ontario Small Claims Court.    

Currently, claims in the Small Claims Court are capped at $25,000 and cases worth more than that must be filed in the Ontario Superior Court of Justice.  

In a news release from the Ministry of the Attorney General, the Ontario government says the goal of increasing the Small Claims Court’s monetary claim limit is to reduce wait times in the Ontario Superior Court.  The Ontario government hope...

Are Your Employees Entitled to Time Off Work to Vote in the Upcoming Federal Election?

With Canada’s federal election only three weeks away, employers should confirm whether any employees will need time off work to vote on election day. Whether an employee is entitled to time off work to vote will depend on the employee’s hours of work and the voting hours in the time zone in which the employee resides. 

Employees Must Have Three Consecutive Hours Outside of Work to Vote 

The Canada Elections Act (the “Act”) governs federal elections and requires employers...“

Amendments to the Canada Labour Code come into force September 1, 2019

On September 1, 2019, a number of amendments to the Canada Labour Code, RSC 1985, c L-2 (the “Code”) come into force. These changes were enacted by Bill C-63, the Budget Implementation Act, 2017, No. 2 (“Bill C-63”) and Bill C-86, the Budget Implementation Act, 2018, No. 2 (“Bill C-86). Other amendments to the Code, including changes to equitable employment and termination notice, are set to come into force on a later date and are not discussed in this post. However, federally-regulated emplo...

Court of Appeal Confirms Common Law Notice Periods in Excess of Twenty-Four Months Should Only be Awarded in Exceptional Circumstances

The Ontario Court of Appeal recently confirmed in Dawe v The Equitable Life Insurance Company of Canada (“Dawe”) that notice periods beyond 24 months will be awarded rarely and only if there are “exceptional circumstances.” A notice period serves to cushion employees that have been terminated without cause by providing them with a period to help find new employment. While the Court of Appeal’s decision in Dawe entrenches notice periods of up to 24 months as the norm, it does not prevent longe...

The Merrifield vs. Canada Case

The Ontario Court of Appeal recently confirmed in Merrifield v. Canada (Attorney General) (“Merrifield”) that there is no freestanding tort of harassment. A tort is a civil wrong that can give rise to an action for damages against the wrongdoer. The Court of Appeal’s decision in Merrifield confirms that – at least in Ontario – harassment is not a civil wrong in and of itself; therefore, Mr. Merrifield could not sue his employer for damages in tort for the alleged workplace harassment. While t...

Bill 66 Has Passed: Director Approval No Longer Required for Overtime Agreements

On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019 (“Bill 66”) received Royal Assent and is now law. Bill 66 made changes to a number of statutes. The changes to the ESA have removed barriers to employers entering into excess hours of work and overtime averaging agreements with their employees.

Excess Hours of Work Agreements – Previously, the ESA required employers to seek approval from the Director of Employment Standards (“Director”) if they wished to enter into exce...

A Primer on the Mass Termination Provision in the Employment Standards Act

Introduction

In Ontario, provincially-regulated employers must provide enhanced statutory notice of termination (or pay in lieu thereof) when a significant number of employees are dismissed – a scenario referred to as a “mass termination.”

What is mass termination?

Under s. 58(1) of the Employment Standards Act, 2000 (the “ESA”), a “mass termination” occurs when the employment of 50 or more employees is terminated at an employer’s “establishment” within any four-week period.

Enhanced statuto...

Severance Entitlements

Companies With a Payroll of Less Than $2.5 Million in Ontario but More Than $2.5 Million Outside Ontario Take Note – OLRB Finds You Are Not a Severance Pay Employer

In a recent Ontario Labour Relations Board (“OLRB”) decision, Hawkes v Max Aicher (North America) Limited (“Hawkes”), the OLRB confirmed that when calculating the quantum of a company’s payroll for the purpose of determining an employee’s entitlement to severance pay, only the company’s Ontario payroll should be considered.

By way...