In-Depth Analysis
The case involving a workplace explosion and Ontario Occupational Health and Safety Act (OHSA) prosecution against Eastway Tank, Pump and Meter Limited of Ottawa, Ontario and its owner and Director Neil Greene, wrapped on Friday April 5, 2024 with guilty pleas and penalties for both the company and its Director. The terrible incident, which occurred in January 2022, resulted in fatal injuries to 6 workers, and catastrophic ones to a 7th worker, one of the worst losses of life and injury in a workplace accident in Canadian history. In addition to imposing a high OHSA corporate fine, the case has sent a chilling message about future OHS prosecution risk to Canadian corporate directors and officers.
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In-Depth Analysis
In this issue: 1) Well, Gosh: Weilgosh Confirms the HRTO’s and Labour Arbitrators’ Shared Jurisdiction over Human Rights Claims 2) Employers Beware, Your Termination Clause Could be Struck at “Any Time”, in the Court’s “Sole Discretion” 3) Working for Workers, One, Two, Three, Now Four – Employers Can Probably Expect More
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In A Flash
On October 1, 2024, the general minimum wage in Ontario will be increasing from $16.55 to $17.20 per hour, representing an approximate 3.9% increase. This follows a previous increase to the minimum wage last year from $15.50 to $16.55 per hour effective October 1, 2023.
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In A Flash
On March 21, 2024, the Government of Ontario announced that it had passed the Working for Workers Four Act, 2023 (the “Act”), which implements a number of legislative amendments to several workplace laws creating further protections for workers in Ontario, as well as further obligations for employers. The changes expand on employee protections provided by a number of other Working for Workers Acts which have been passed by the Government of Ontario since 2021
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In A Flash
In Spears v. Canada (Attorney General), 2024 FC 329, the employee, a public servant, was dismissed for misconduct after failing to comply with her employer’s Covid-19 Vaccination Policy, despite her status as a remote worker. Her subsequent application for employment insurance (“EI”) benefits was denied. After two failed appeals, the employee brought the matter before the Federal Court on judicial review. On February 28, 2024, the Federal Court dismissed her application, thereby affirming the original decision to deny her EI benefits.
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In A Flash
On February 29, 2024, Immigration, Refugees and Citizenship Canada (“IRCC”) introduced new entry requirements for Mexican citizens travelling to Canada. As a result, most Mexican citizens will now require a Temporary Resident Visa, rather than an Electronic Travel Authorization (“eTA”), when traveling to Canada by air. This article summarizes these new entry requirements and the impact on Mexican citizens and Canadian employers.
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In A Flash
On February 23, 2024 the Government of Ontario repealed Bill 124 (the wage restraint legislation introduced in June 2019 limiting annual wage increases in the public and broader public sectors to 1% for a period of three years) in its entirety through an Order in Council.
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In A Flash
In June of 2019, the Ontario Government introduced the Protecting a Sustainable Public Sector for Future Generations Act, 2019, commonly known as Bill 124 (“Bill 124” or “the Act”). The Act limited salary and compensation increases for approximately 780,000 workers in the public and broader public sector to 1.0% per year during a three-year moderation period.
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In A Flash
Further to our bulletin on December 6, 2023, Deadline for Fighting Against Forced and Child Labour in Supply Chain Reporting Obligations for Companies is May 31, 2024: Is Your Organization Prepared?, Canada’s new modern slavery legislation, the Fighting Against Forced Labour and Child Labour in Supply Chains Act (Act), requires reporting entities to complete and submit to the government a mandatory online Questionnaire and a Report about the measures they have taken to address and prevent forced and child labour in their supply chains during their previous fiscal year.
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