The Ontario Court of Appeal recently confirmed that years spent as a dependent contractor may count when calculating notice of termination for a contractor turned employee who is terminated without cause. This decision leaves open the possible argument that prior service as an independent contractor may be included in length of service for notice of termination calculations.
An adjudicator considering allegations of unjust dismissal under the Canada Labour Code recently ruled that an employer was prohibited from asserting dismissal for misconduct since the issue had already been decided by an employment insurance officer. The decision reminds employers to proceed with caution when communicating with employment insurance officers after a termination. They should also consider the potential ramifications of not appealing an officer's decision.
The Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act has received royal assent and serves as the provincial framework in anticipation of the enactment of federal legislation relating to the cultivation, sale, distribution and consumption of cannabis. The act brings significant changes for employers, including with regard to the prohibition on the use of products in several locations, the right to a smoke-free workplace and the prohibition against smoking while driving.
One of the government's primary goals when enacting the Fair Workplaces, Better Jobs Act 2017 (known as 'Bill 148') was to provide additional protections for vulnerable employees, including individuals employed by temporary help agencies. As such, the changes will have a significant effect on both temporary help agencies and the companies that use their services.
In Ontario, labour and employment matters are governed by two fundamental statutes: the Employment Standards Act and the Ontario Labour Relations Act. After nearly two years of public consultations and thorough reflection as to how to update this legislation in the face of changing workplaces, the Ontario government received 173 recommendations and immediately announced its intention to make important legislative changes.