ArticleOntario Labour Relations Board Provides Insight Into Statutory Interpretation Related To IDEL EntitlementsIn this case, the employee had claimed paid IDEL from her employer for two days in June 2021.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleRecent Amendments To The Competition Act Introduce New Criminal Offences, Increased Administrative Penalties, And MoreOn June 23, 2022, the Budget Implementation Act, 2022, No. 1, S.C. 2022, c. 10 ("Bill C-19"), received Royal Assent. Among other changes to various federal statutes, Bill C-19 makes significant...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleTrumped-Up Resignation Does Not Create Interruption In Service, Says Ontario Court Of AppealThe Ontario Court of Appeal recently held that an employee's "resignation" and immediate re-hiring under a new employment contract does not serve to void prior years of accrued service.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleUnsettled Settlements: Ontario Court Invalidates Release For Long-Term Disability ClaimsIn Swampillai v Royal & Sun Alliance Insurance Company of Canada et al, the Ontario Superior Court of Justice applied the doctrine of unconscionability to declare a Release between an employee and employer ...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleWhose Business Is It Anyways? Arbitrator Finds Union Steward Attending Diving Course During Working Hours Was Conducting Union BusinessIn Ontario Power Generation v. Power Workers' Union, an arbitrator held that taking a diving course during working hours was union business for a union steward who represented members of the employer's dive team.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleWorking For Workers Five Act Now LawBill 190, An Act to amend various statutes with respect to employment and labour and other matters – or the Working for Workers Five Act, 2024 – received Royal Assent on October 28, 2024. As we previously wrote.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleArbitrator Holds That The Reasonableness Of Employee Drug Testing Must Be Assessed Separately From The Reasonableness Of Alcohol TestingArbitrator found that the fact that an employee reported to work smelling of alcohol did not provide the employer with reasonable cause to test that employee for drugs.CanadaFood, Drugs, Healthcare, Life SciencesFilion Wakely Thorup Angeletti LLP
ArticleComprehensive Ontario Police Services Act, 2019 Changes Ontario's Policing Landscape - AgainThe Ontario Government's Comprehensive Ontario Police Services Act, 2019 ("the Act") received Royal Assent on March 26, 2019.CanadaGovernment, Public SectorFilion Wakely Thorup Angeletti LLP
ArticleComprehensive Police Services Act, 2019 Changes Ontario's Policing Landscape - AgainThe Ontario Government's Comprehensive Ontario Police Services Act, 2019 ("the Act") received Royal Assent on March 26, 2019CanadaGovernment, Public SectorFilion Wakely Thorup Angeletti LLP
ArticleNavigating Business Growth: A Guide For Social Media InfluencersSocial media influencers embarking on the journey of growing their own businesses often face two pivotal challenges: (i) hiring additional support for product or service management...CanadaMedia, Telecoms, IT, EntertainmentFilion Wakely Thorup Angeletti LLP
ArticleCourt Of Appeal Upholds Employees' Right To PrivacyOn June 21, 2022, the Court of Appeal for Ontario (the "ONCA") issued a decision that reinforces an employee's right to privacy in the workplace, specifically for teachers...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
Article‘Tolls' During Polls: Employer Obligations To Facilitate Employees' Electoral And Voting DutiesThe Ontario provincial election scheduled for June 2, 2022, is fast approaching. Employers have legal obligations to provide their employees with time off to vote or perform electoral duties.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
Article"Canadianizing" Employment Agreements And Challenges To MitigationIn the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the "Court") discussed the enforceability of employment contracts containing references...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleCourt Finds That Saving Clause Does Not Fix An Illegal Termination ProvisionDespite a "saving provision" that purported to incorporate the provisions of the Employment Standards Act, 2000 (the "ESA") into the employment agreement.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleInjunction Denied In Mandatory Vaccination Policy CaseIn National Organized Workers v Sinai Health System, 2022 ONCA 802 ("Sinai Health"), the Court of Appeal for Ontario confirmed that it may be inappropriate to grant an injunction...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleIt's Happening Tomorrow: New ESA Amendments Effective June 21, 2024As we previously wrote about here, on March 21, 2024, the Ontario Government passed the Working for Workers Four Act, 2023 ("Working for Workers Four")...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleOLRB Holds That Teachers Can (Sometimes) Refuse Work Due To Student ViolenceOn May 24, 2024, the Ontario Labour Relations Board (the "OLRB") released its decision in Ontario English Catholic Teachers' Association v Dufferin-Peel Catholic District School Board. CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleSafety First: Refusal To Comply With Safety Program Warrants DismissalIn a recent decision, Waste Management of Canada Corporation v Unifor, Local 4268, Arbitrator Wilson upheld the dismissal of a long service employee...CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleTemporary Injunction Awarded For Unlawful Picketing In WindsorIn a recent decision, the Court granted an employer's request for an injunction against a union engaging in unlawful picketing activity during a strike.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP
ArticleWorking For Workers Six Act Brings More Changes For EmployersAs we previously wrote here, on November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 ("Bill 229") as the most recent installment in the "working for workers" legislation series.CanadaEmployment and HRFilion Wakely Thorup Angeletti LLP