October 03, 2016 by Matthew Curtis in Employment Standards, English, Ontario
  • Comments Off on Ontario Minimum Wage Increase Now in Effect

Ontario Minimum Wage Increase Now in Effect

Ontario employers are reminded that the general minimum wage in Ontario increased on October 1, 2016 to $11.40 per hour, up from $ $11.25 per hour.  The liquor server minimum wage also increased to $9.90 per hour and the student minimum wage is now $10.70 per hour. The Ontario minimum

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September 27, 2016 by Daniel Yereniuk in Alberta, English, Labour
  • Comments Off on Increase to the Alberta Minimum Wage

Increase to the Alberta Minimum Wage

Alberta employers are reminded that the general minimum wage in Alberta will be increased on October 1, 2016 to $12.20 per hour, up from $11.20 per hour. Additionally, the current liquor server rate will be eliminated effective October 1, 2016 and these employees will also now earn the general minimum

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September 19, 2016 by Matthew Curtis in Constructive Dismissal, Employment Standards, English, Ontario
  • Comments Off on Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

An Ontario Court has ruled in Bevilacqua v Gracious Living Corporation, 2016 ONSC 4127 that even in cases where an employer has complied with the temporary layoff provisions of the Employment Standards Act, 2000 (the “Act”), the layoff does not protect the employer from a successful claim in constructive dismissal

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September 13, 2016 by Alison Walsh in Alberta, English, Human Rights
  • Comments Off on TREND CONTINUES IN ALBERTA FOR HIGHER GENERAL DAMAGES IN HUMAN RIGHTS AWARDS

TREND CONTINUES IN ALBERTA FOR HIGHER GENERAL DAMAGES IN HUMAN RIGHTS AWARDS

General damages awarded by human rights tribunals are intended to compensate for discrimination and to act as a deterrent.

The Alberta Human Rights Act provides no statutory limit on how much general damages can be awarded.  However, in the past general damages awarded by the Human Rights Tribunal of Alberta (the

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September 08, 2016 by Chelsea Rasmussen in English, Ontario, Restrictive Covenants
  • Comments Off on A Rose by Any Other Name is Not as Sweet: When a Non-Solicit is Actually a Non-Compete

A Rose by Any Other Name is Not as Sweet: When a Non-Solicit is Actually a Non-Compete

The Ontario Court of Appeal has held that the words “accept business”, in what the employer intended to be a non-solicitation clause, served to restrict competition and is therefore not merely a non-solicitation clause.

In this case, the personal defendant, Mary Murphy, was employed by the plaintiff Donaldson Travel Inc. (“DTI”)

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September 01, 2016 by Matthew Curtis in British Columbia, English, Human Rights
  • Comments Off on B.C. and Canada Adopting Gender Identity and Gender Expression Human Rights Protections

B.C. and Canada Adopting Gender Identity and Gender Expression Human Rights Protections

Both the British Columbia and the Federal Government have recently introduced legislation to amend their respective human rights legislation to include gender identity and gender expression among the protected grounds of discrimination. These amendments will mean that individuals will have a right under the respective legislation to make a complaint

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August 25, 2016 by Taylor Buckley in Employment Standards, English, Ontario
  • Comments Off on RECORDS OF EMPLOYMENT – NOT JUST FOR TERMINATIONS

RECORDS OF EMPLOYMENT – NOT JUST FOR TERMINATIONS

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE) when an employee terminates, but there are a number of other circumstances that require

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August 22, 2016 by Sabrina Serino in English, Occupational Health and Safety, Ontario
  • Comments Off on Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

Further to our series of posts on Ontario’s new Sexual Violence and Harassment Legislation, which amends the Occupational Health and Safety Act, the Ontario Ministry of Labour has recently issued a Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and Safety Act. The Code of Practice

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August 18, 2016 by Virginie Dandurand in English, Human Rights, Labour, Quebec
  • Comments Off on Intrusive surveillance systems for security purposes: the line Big Brother must not cross

Intrusive surveillance systems for security purposes: the line Big Brother must not cross

Technological developments and the need for employers to monitor employees’ activities and to minimize accidents and hazards require constant adjustments in order to respect the right to privacy. While it may be tempting for employers to replace old surveillance methods with new technologies capable of watching their personnel’s every move,

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August 17, 2016 by Scott Sweatman in English, Ontario, Pensions and Benefits
  • Comments Off on Environmental, Social and Governance Factors: Does Failure to Consider ESG Issues Constitute a Breach of Fiduciary Duty?

Environmental, Social and Governance Factors: Does Failure to Consider ESG Issues Constitute a Breach of Fiduciary Duty?

Changes made to the Ontario Pension Benefits Act and Regulation (the “Ontario PBA”), which came into force on January 1, 2016, now require a pension plan’s statement of investment policies and procedures (“SIPP”) to include information as to whether environmental, social and governance (“ESG”) factors are incorporated into the plan’s

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