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Quebec’s occupational health, safety legislation must modernize to stay competitive: report

As Quebec updates its occupational health and safety legislation, Morneau Shepell is calling for the province to ensure the update stays true to the fundamental principles on which the regime was conceived, while keeping it competitive with other provinces. The company recently released a report on Bill 59, the act to modernize the legislation, and […]

  • By: Staff
  • January 19, 2021 April 14, 2021
  • 09:00

The Ontario Superior Court of Justice has issued additional reasons for judgment in a long-running unpaid overtime class action lawsuit against Canadian Imperial Bank of Commerce. The court has followed up on its summary judgment decision from March 30, 2020, ruling the bank’s current overtime policy is illegal and unenforceable and that frontline employees who […]

  • By: Staff
  • August 14, 2020 December 2, 2020
  • 15:15

British Columbia’s ministry of labour is introducing a new online portal to help the government process applications for temporary layoff extensions more quickly. In late June, the province extended the time period for temporary layoffs related to the coronavirus pandemic to a maximum of 24 weeks — up from 16 previously — expiring Aug. 30, following calls from opposition parties […]

  • By: Staff
  • July 27, 2020 December 2, 2020
  • 09:15
Could the pandemic prompt employment insurance reforms?

More than eight million Canadians have received the $2,000 monthly Canada Emergency Response Benefit over the course of the pandemic. But labour experts say its very existence, while a triumph of policy-making on the fly, proves the need for significant reform to Canada’s employment insurance system. The pandemic quickly exposed long-standing issues with the EI […]

Feds announce new temporary relief measures for pension plan sponsors

New draft regulations from the federal government would allow registered pension plans to borrow money and extend the deadline to retroactively credit pensionable service under a defined benefit plan in a bid to help plan sponsors maintain their pensions through the coronavirus pandemic. As part of the government’s coronavirus economic response plan, the regulations would apply to employers […]

  • By: Staff
  • July 6, 2020 November 30, 2020
  • 09:30
Feds extending time period for temporary layoffs during pandemic

Canada is providing federally regulated employers with more time to recall employees who were laid off due to the coronavirus pandemic. Under employment legislation, employers could temporarily lay off staff for up to three months if no notice with a recall date was provided or for up to six months or if they provided a notice with an expected […]

  • By: Staff
  • June 25, 2020 November 12, 2020
  • 15:15

The Ontario government is amending the Employment Standards Act to make temporary layoffs which occurred after March 1, 2020 part of new emergency leave provisions put in place in the wake of the coronavirus pandemic. Normally, employees are legally considered terminated after 13 weeks of a temporarily lay off and are therefore entitled to severance […]

How will Canada Labour Code changes affect employers?

On Sept. 1, federally regulated employers will see the impact of several changes to the Canada Labour Code, including the new right for employees to request flexible working arrangements, as well as new leaves and other measures supporting workplace flexibility. “The changes to the code . . . will support employees in achieving better work-life […]

Constructive dismissal and the corresponding duty to mitigate damages

In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. In the case, Gent v. Strone Inc., the plaintiff, David Gent, had been employed for 23 years by Strone Inc., first as a carpenter and then […]

  • June 4, 2019 September 13, 2019
  • 08:30
Can employers require mandated arbitration in employee disputes?

In response to months of pressure from employees, Google Inc. said last week it will no longer require employees to settle disputes with the company through arbitration. The change, which will take effect March 21, 2019, will apply to current and future employees. Last year, Google said it would end mandatory arbitration — which requires employees […]