In June 2015 important changes regarding union certification and decertification for federally regulated employers in Canada will come into effect. The card check system for federally regulated employers will be eliminated and a mandatory secret ballot vote will be required in all cases. The changes have been welcomed by employers.
A class action was recently allowed to proceed in Ontario against a major bank after one of its employees admitted to accessing and disclosing to third parties confidential information of the bank's customers. This serves as a reminder for employers that the law regarding breach of privacy is evolving quickly and employer policies, practices and safeguards must keep pace with it.
When developing a BYOD policy, employers should first work to understand when, where and how employees will be using their devices for business purposes, and then tailor their policies to the needs of the business and employees, striking the right balance between employer and employee interests. Two key intersections between BYOD and employment law are overtime pay exposure and employee misconduct.
The Ontario Court of Appeal recently ruled in a government appeal against the C$200,000 ﬁne that Metron received after pleading guilty to a charge of criminal negligence causing death. The court rejected the lower penalty as unﬁt and increased the ﬁne to C$750,000. The decision should interest employers because it held that courts can essentially ﬁne a company into bankruptcy for a Criminal Code conviction.
The Ontario Workplace Safety and Insurance Board is in a state of flux, with many changes occurring and more on the horizon. While the board has forged ahead with several changes to coverage in the construction industry, employers can expect further amendments to Ontario's workers' compensation system and significant changes in the four benefit policies currently under review.