As you may recall from our previous e-Alerts, there is no consistent test that is applied across Canada when it comes to family status discrimination. As such, some jurisdictions, including British Columbia, have developed their own test. A recent BC Court of Appeal case, British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023, provides...
With significant increases to the cost of living (let’s face it – grocery shopping has reached new levels!!), it is no surprise that the minimum wage in Canada continues to increase. Below is an overview of the provinces and territories that have implemented increases this year. Canada (the federal jurisdiction): As of April 1, 2023,...
In March 2023, the Ontario government introduced Bill 79 which aims to expand on legislative changes that the government rolled out in 2021 and 2022, providing increased rights for employees and placing new duties on employers. If passed, Bill 79 would: Include employees who work solely from home in the count for mass termination provisions...
Pay transparency became the topic of much discussion when the province of Ontario tabled legislation in 2018. While this legislation never came into effect (still to this day) other provinces have enacted pay transparency laws and others are considering doing so. Prince Edward Island The Prince Edward Island Employment Standards Act was amended to include...
A recent decision under the Alberta Employment Standards Code, 1611827 Alberta Inc. v. Shrestha, highlights the importance of understanding how “work” is very broadly defined under employment standards legislation. In the summer of 2019, a worker immigrated to Canada and was struggling to find work in Alberta. After being connected with a pizzeria, the owner...
Atlantic Canada has a reputation for being friendly so perhaps it should come as no surprise that two of its provinces are increasing their respective minimum wages on April 1, 2023 – recognizing the soaring inflation rates across the nation. Nova Scotia’s minimum wage will increase to $14.50 on April 1, 2023. It will subsequently...
While we’re sure you’ve already heard all about the Disconnecting from Work legislation introduced in Ontario last year, we felt it was time for a little reminder. Last year, employers who had 25 or more employees as of January 1, 2022 were to have their Disconnecting from Work Policy implemented by June 2, 2022. But...
While the concept of progressive discipline in the workplace isn’t anything new, it is often under-utilized and misunderstood by many employers. In exceptional circumstances, immediate termination for an act of severe misconduct may be appropriate but, in almost all cases, employers should be guided by the principle of progressive discipline before proceeding with termination for...
A recent decision (Besse v. Reach CPA Inc.) from British Columbia’s Civil Resolution Tribunal (“CRT”) has caught the attention of many – both locally and internationally – and in particular, those employers with remote workers. Facts Karlee Besse, an accountant, was terminated without cause after less than 1 year of service with Reach CPA Inc....
The Ontario government’s second Working For Workers Act, 2022 was passed on April 7, 2022 and makes amendments to the Employment Standards Act, 2000 (“ESA”) that relate to the status/classification of IT Consultants and Business Consultants. These changes came into effect as of January 1, 2023. The amendments specifically indicate that ‘business consultants’ and ‘information...