Canada: Key Issues
- Employers should be cautious about dismissing employees returning from medical leave since those employees might not be able to mitigate their damages.
- Ontario open to feedback on working even more for workers: comment on Bill 190, the Working for Workers Five Act, 2024.
- The Ontario government has appointed a former union president as its Skilled Trades Special Advisor, with a mandate to review the province's system regulating the skilled trades.
- Ontario's public sector may face significantly more oversight of its digital systems, including a new law and important changes to one of the existing privacy laws.
- The Ontario Superior Court of Justice Divisional Court held that an arbitrator misapplied the established test for discrimination in assessing whether a workplace investigator discriminated against a Black grievor, and remitted the case for redetermination.
Canada: The Ontario Court of Appeal Addresses Inability to Mitigate due to Physical Incapacity and Aggravated Damages in the Manner of Dismissal
The Ontario Court of Appeal recently confirmed that an employee may be able to establish that they were physically incapable of mitigating their damages during a reasonable notice period, even without expert medical evidence. The Court also confirmed that aggravated damages can be awarded if an employer terminates employment in a manner that is untruthful, misleading, or unduly insensitive and causes the employee harm. » Read More
Canada: Ontario Open to Feedback on Working Even More for Workers: Comment on Bill 190, the Working for Workers Five Act, 2024
The Ontario government continued its Working for Workers Act series of legislative updates with the introduction of Bill 190, Working for Workers Five Act, 2024 (the "Bill") on May 6, 2024. The Bill's present version proposes amendments to the following employment-related acts: Employment Standards Act, 2000 (the "ESA"); Occupational Health and Safety Act (the "OHSA"); and Workplace Safety and Insurance Act, 1997 (the "WSIA"). The Bill also proposes changes to a number of other acts. » Read More
Canada: Ontario Appoints Skilled Trades Special Advisor
The Ontario government has appointed Dave Cassidy, former president of Unifor Local 444, as a Skilled Trades Special Advisor (the "Advisor"). Advising the Minister of Labour, Immigration, Training and Skills Development, Mr. Cassidy will assess workforce needs in Ontario's skilled trades, primarily the manufacturing and automotive industries, and hold stakeholder consultations. The Advisor's final report will make recommendations on how to improve the province's skilled trades system, informed by research and these consultations. » Read More
Canada: Ontario's Bill 194 Proposes More Oversight of Public Sector Digital Systems
On May 13, 2024, the Ontario Government introduced Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 ("Bill 194"). The Bill proposes to enact new legislation to address cyber security and artificial intelligence systems within the public sector, called the Enhancing Digital Security and Trust Act, 2024 (the "new Digital Security Act"). If passed, it also would take several important steps towards modernizing FIPPA, and towards addressing the burgeoning challenges facing Ontario's public sector with respect to intensifying cybersecurity threats, and identifying appropriate uses of artificial intelligence technologies. Future regulations will be determinative in shaping the scope of the requirements established under Bill 194 and the new Digital Security Act, making it difficult for employers to proactively prepare for compliance. » Read More
Canada: Court Holds Arbitrator Misapplied the Test for Discrimination to a Workplace Investigation
The Ontario Superior Court of Justice Divisional Court held that an arbitrator misapplied the test in determining whether a workplace investigation discriminated against an employee. The Court ultimately set aside the arbitrator's decision and remitted the case back to the arbitrator to be determined by proper application of the test for discrimination. This case provides Ontario employers with important insight on how the test for discrimination will be applied to claims of discrimination in the context of workplace investigations, and the role that circumstantial evidence should play in assessing claims of discrimination. » Read More
Internationally, we are the single Canadian member of L&E GLOBAL, an alliance of over 1500 labour and employment lawyers in more than 120 offices around the world. As part of L&E GLOBAL, Filion offers access to a single legal powerhouse for clients requiring complex cross-border labour and employment services throughout the world.The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.