Appeal Court decision demonstrates care must be exercised to not miss appeal deadlines In the recent case of ID Inc. v. Toronto Wholesale Produce Association, 2024, the Ontario Court of Appeal addressed significant issues surrounding breach of contract and the timeliness of appeals, providing valuable insights for employers and employees alike. This landmark ruling underscores the importance of understanding contractual obligations and the intricacies of legal deadlines and timelines. Background of the Case The dispute between ID Inc. and the Toronto Wholesale Produce Association (TWPA) b ..read more

Bill 149 further burdens employers, provides more rights to employees On March 21, 2024, Ontario’s employment landscape witnessed significant changes with the enactment of Bill 149, the Working for Workers Four Act, 2024 (Bill 149). This comprehensive legislation introduces amendments to various statutes, including the Employment Standards Act, 2000 (ESA), impacting employers across the province. Here’s a closer look at what Ontario employers need to know about Bill 149 and its implications for their operations. March 21, 2024 – Changes to the ESA The immediate changes to the ESA include ..read more

Arbitrator found it unreasonable to apply vaccination policy to remote workers In a pivotal ruling by a labour arbitrator, remote employees of Canada Post who were suspended without pay for non-compliance with the organization’s mandatory COVID-19 vaccine policy have triumphed in their grievance case, PSAC v Canada Post Corporation, 2024. This decision marks a significant moment in employment law, particularly regarding health mandates for remote workers. Background of the Case The Union of Postal Communications Employees, representing remote workers at Canada Post, brought forward the grievan ..read more

In a recent decision, the Court of Appeal for Ontario addressed the complexities surrounding fixed-term contracts and termination clauses. In Kopyl v. Losani Homes, the court clarified that an invalid termination clause does not invalidate a fixed-term clause, reinforcing important considerations for employers. Let’s delve deeper into the key aspects of this ruling and its implications for employers in Ontario. Understanding the Case Background The case revolved around an employee hired under a one-year fixed-term contract, which included termination clauses. When the employer terminated the e ..read more

  The recent case of Dufault v. The Corporation of the Township of Ignace (Dufault), adjudicated by Justice Pierce, casts a spotlight on the criticality of drafting employment contracts compliant with the Employment Standards Act (ESA). This case has become a pivotal reference point in employment law, illustrating the repercussions of poorly constructed termination clauses within employment agreements. In this specific case, the termination clause in question stated that the employer could terminate employment at its “sole discretion and without cause” by paying “base salary…payable ..read more

In the face of a tumultuous economic landscape characterized by a blend of recovery efforts and strategic repositioning, companies around the world are making hard decisions when it comes to their workforces. A sweeping wave of layoffs has already made its impact felt across various sectors, including tech, media, finance, and retail. With giants such as Google, Meta, and Goldman Sachs trimming their teams, the trend is a stark reminder of the volatility and uncertainty that permeate the global market. As of early 2024, the outlook remains bleak. A survey conducted by ResumeBuilder, which gat ..read more

  In a significant move, Ontario has recently updated its regulations concerning the qualifications of staff in the long-term care sector, particularly personal support workers (PSWs). This decision, embedded in Ontario Regulation 246/22 under the Fixing Long-Term Care Act, 2001, and the subsequent Ontario Regulation 314/23, raises important questions about the future of long-term care in the province. Understanding the Changes Initially, Ontario Regulation 246/22 established that all individuals employed as PSWs or in similar roles must have completed an accredited PSW program or meet sp ..read more

In a landmark decision from Australia, the South Australian Employment Tribunal has set a precedent that may resonate globally, especially in Canada. This decision involves the Department of Child Protection (DCP), which has been ordered to compensate a youth worker, Daniel Shepherd, who developed pericarditis following a COVID booster shot mandated by his employer. This ruling, made on January 15, 2024, underscores a critical issue: the liability of employers for vaccination injuries when the vaccination is a condition of employment. This Tribunal is South Australia’s forum for resolving work ..read more

  In a controversial turn of events, an arbitrator recently criticized Purolator’s decision to extend its COVID-19 vaccine mandate beyond June 2022. This ruling stemmed from grievances filed by Teamsters Local Union No. 31 and raised significant questions about workplace safety measures, management decisions, and employee rights. Let’s delve into the details of this case and explore the implications of this decision. Purolator, a major Canadian courier company, implemented its Safer Workplaces Policy (SWP) on September 15, 2021. This policy required all employees to be vaccinated to acces ..read more

  Is Christmas a discriminatory holiday? This startling question is at the heart of a recent discussion paper released by the Canadian Human Rights Commission (CHRC). With a bold claim that casts Christmas celebrations in a dubious light, the CHRC has ignited a fiery debate. Critics are questioning the CHRC’s stance, labelling it as an overreach into the festivities that many Canadians hold dear. The CHRC’s Position: A Misstep? The CHRC’s paper puts forth a perspective that Christmas, as a traditional Christian holiday, could be seen as a vehicle for religious intolerance. At the same tim ..read more