Significant Changes Coming to Ontario’s Labour and Employment Laws Ontario is one step closer to approving the minimum wage increase of $15 an hour, however that is not the only change that is on Ontario’s horizon. A legislative committee studying the bill has concluded its work, advancing the bill to the fall session of the legislature, which begins September 11. Bill 148, known as the Fair Workplaces, Better Jobs Act, includes much more than a dramatic increase in the minimum wage. The bill makes large amendments to the Employment Standards Act, 2000 (“ESA”), Ontario’s minimum standards legislation, and the Labour Relations Act (“LRA”), which governs unionization. Many of these changes are favourable to employees, in an effort to alleviate the impacts of precarious work. Based on a worker’s classification as either an “employee,” “dependent contractor,” and “independent contractor,” a worker gets different rights under Ontario’s minimum standards legislation. The Ontario government seeks to introduce an automatic presumption that a worker is an “employee” (entitling them to the most rights) and that it would be illegal for an employer to misclassify its workers (to evade minimum standards legislation). The government also proposed to regulate scheduling inside a workplace. If the bill is passed, an employee who has been working for more than three months in a workplace can request a change in their schedule or work location without fearing dismissal. The well-known “3 hour rule” (i.e that a worker be paid for at least 3 hours for a shift) has been expanded to all workplaces and will even be triggered if an employer cancels a shift 48 hours before the employee was to commence working. An employee will also gain the right to refuse shifts without fear of termination if the request is made less than 96 hours before the proposed shift was to begin. Vacation pay entitlements will also be increased: an employee working less than 5 years for the same employer will continue to receive 2 weeks of paid vacation but an employee working more than 5 years for the same employer will receive 3 weeks of statutory vacation. The government also focused on making stronger provisions for equal pay for equal work. If passed, it would become illegal to pay part-time workers less than full-time workers and temporary help workers less than their directly-hired counterparts (absent other objective factors). Moreover, if a worker believes that they were being paid less on the basis of sex or employment status, they would gain the right to request a written review where the employer must either a) raise their wage or b) provide written reasons about why they disagree. Temporary help agencies would also face further regulation on their practices, including owing its employees one week “termination of assignment” pay (similar to “severance pay”) if the employee was terminated from a contract that was supposed to last 3 months or more. These employees would not get “termination of assignment” pay if they were placed in a new contract within a week. The government also hopes to introduce two (2) days of paid leave of absences and eight (8) days of unpaid personal emergency leave. This leave would cover personal illnesses, injuries and medical emergencies (for both the employee and his or her close relatives) and situations of sexual or domestic violence. Employers can request reasonable evidence of the employee’s entitlement to take the leave. It will also become less burdensome to file a complaint under the ESA. Previously, employees who felt their minimum standards were being breached needed to first notify their employer before making a complaint. This requirement would be removed under the new bill. The Director (the person who enforces the ESA) will also be allowed to collect security for any amounts owing under the ESA. Notices of contravention and Recognitions would be able to be widely publicized, despite privacy laws. Alcohol servers and others would be happy to know that the government has created a more specific definition of what constitutes a “tip” in order to prevent employers from stealing tips meant for their employees. The field of labour and employment law is becoming very complex for both employees and employers. It is important to seek out an experience labour and employment lawyer who knows not only the current law, but changes on the horizon. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. By: Michelle Cook, Summer Law Student “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawAugust 30, 2017June 18, 2020
Ontario’s Colleges Call for Strike By: Stuart Clark, Student-at-Law According to the Toronto Star, the Ontario government has offered faculty members at the province’s colleges a 7.5% wage hike. However, the Ontario Public Service Employees Union (“OPSEU”), has called for a strike vote in the fall—wanting to address other issues beyond compensation. Employers and workers represented by a union negotiate working conditions through the process of collective bargaining, governed by Ontario’s Labour Relations Act, 1995. Once a union has been certified or recognized in accordance with the Act (s. 16), both parties are obliged to come together and bargain in good faith to reach a collective agreement (s. 17). For sophisticated employers and unions, the scope of an agreement can be immense; covering everything from salaries, to the hiring process, and even how workers are individually scheduled for their shifts. For example, in a recent blog post, we noted that LCBO workers had threatened to strike over the July long weekend. Workers have since ratified a deal, which included terms that end the LCBO’s practice of scheduling two-hour shifts. This is just one example of how granular a collective agreement can become. Normally, for the agreement to come into force, it must be ‘ratified’ by the members of the union’s bargaining unit (s. 44), with those supporting the offer totalling more than 50% of votes cast. Even if union leadership supports a deal, this is no guarantee of its success. In this case, the government has indicated that, before any strike vote, that the faculty union members vote on the last offer they have received. Employers usually have this right, stored under s. 42 of the Act, which says: (1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made. The ability for the employer to call for a vote is a tactic of last resort—and can only be done once. In fact, in 2010, when the current collective agreement was signed, colleges used s. 42 to call for a vote, which approved the agreement with a slim majority. Only time will tell to see if this strategy will pay off for a second time, or if both parties will be forced to return to the bargaining table. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawAugust 10, 2017June 19, 2020
Possible Strike at Pearson Airport Beginning Thursday By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight time, because your flight could face some delays. Why, you may ask? Pearson’s ground crew for 30 airlines may be going on strike tomorrow, with the potential to delay flights. Monday, the union representing Swissport workers (approximately 700 employees) filed a 72-hour strike notice and will ask its members to shoot down the company’s final offer. Swissport believes their final offer is “fair and competitive, and expressed disappointment that the union may strike.” The union has not yet given members the reason why they are to reject this apparent fair and competitive offer. All workers that will be going on strike as early as Thursday night include: Baggage Handlers Cargo Handlers Cabin Cleaners The union is expressing their concerns with: Company’s decision to hire 250 temporary workers – without significant change in workload Union was only given a day’s warning before they began hiring the workers Training duration temps receive (3-4 days rather than 3-4 weeks) Don’t believe these workers can do their job with no experience and poor training They also claim that Swissport hired those 250 workers to put leverage on workers during the current round of contract negotiations. Which they believe is sacrificing airport safety. Swissport’s response to the hiring of temporary workers as a way to respond to the summer rush, something they are permitted to do under the collective agreement. As a result, the Teamsters have filed a formal complain with the Canadian Industrial Relations Board. Specifics could not be discussed due to the upcoming CIRB case. It will be interesting to see how many workers do go one strike, considering it has been mentioned that the union’s members don’t want to strike. Nevertheless, the Greater Toronto Airports Authority has a contingency plan in place in the event of a strike or labour disruption by Swissport workers. Devry Smith Frank LLP (“DSF”) is a full service law firm in Toronto that has experienced Labour Law Lawyers that can assist employers in the event of union organizing, bargaining and negotiations, and strikes. If you require a Labour law Lawyer, contact DSF’s Labour Lawyers today, or call our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Labour LawJuly 26, 2017June 22, 2020
Minimum Wage Embedded In New Law By: Nicolas Di Nardo With the new minimum wage increase set to become $15 an hour in 2019, it would require the Progressive Conservatives to change labour laws in order to get rid of it. The new wage increase will take effect six months after the June 2018 election. The Liberals have embedded it in the new Fair Workplaces, Better Jobs Act which is still to be studied by all-parties this summer, which is expected to pass in the fall. For more information on the details of this Act, please read our previous posts: Is A $15 Minimum Wage, More Unionization and a Minimum 3 Week Vacation On the Horizon? Update: Ontario Liberals Announce Changes to Labour Law—And a $15 Minimum Wage The Act looks to increase minimum wage to $14 an hour on January 1st, and to $15 an hour on January 1, 2019. It is expected that the Liberals will campaign on this Act as well as the proposed pharmacare plan which is also going to launch on January 1st. Devry Smith Frank LLP is a full service law firm located in Don Mills. If you require representation or have any questions, please contact Devry Smith Frank LLP today. You may contact one of the many experienced lawyers on our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawJune 26, 2017June 22, 2020
Hockey Union alleges the OHL broke Labour Laws By: Nicolas Di Nardo Back in 2014, a class-action lawsuit was filed against the Canadian Hockey League (CHL) over wages. It claimed the league was breaching minimum wage laws. In summary, they are seeking $180 million in outstanding wages, vacation, holiday and overtime pay and employer contributions for thousands of players between 2012 and 2014. It is still ongoing and has had some recent developments. Now, the CHLPA has filed with the Ontario Labour Relations Board. The Canadian Hockey League Players’ Association (CHLPA) attempted to unionize its major junior players within the Ontario Hockey League (OHL) promising minimum wage payment. This is a result of the OHL commissioner stating that the players are not entitled to minimum wage because they are defined as “amateur athletes”, however, union officials say that provincial labour laws should apply to for-profit hockey clubs, seeing as they generate profit from the work of their players. Currently, the players within the OHL do get paid, however, it is in the form of stipends (less than $500 a month) with benefits such as lodging, food and gear, but have never been paid in accordance with minimum wage legislation. There are a number of exhibits before the court, such as administrative memos to clubs advising them to not notify the CRA, and instructing teams to disregard the CRA’s classification of OHL players as employees. Additional exhibits also include a number of player contracts with changes to the language stating the relationship between players and their clubs. The current application to the labour board requests that the CHLPA become the bargaining agent for players in the OHL, or damages of $175,000 for union drive expenses. For more information on this, please click here to read the original article. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawJune 21, 2017June 22, 2020
Update: Proposed Sick Notes Ban By: Nicolas Di Nardo The praise for the Liberal government’s proposed ban on sick notes continues. During the government’s announcement outlining the proposed changes to Ontario’s labour law, which was part of the Changing Workplaces Review, doctors’ notes was the least of everyone’s concern, but it received the most support and attention by groups and organizations that have been pushing for a ban on sick notes for some time. Almost a month of public speculation on proposed changes to the law, the changes to sick notes remains a hot one. Even some representatives within the Progressive Conservatives including PC MPP Monte McNaughton stated, “I actually think it’s quite fair,” which is a surprise as he is usually an outspoken critic of the Liberal administration. While many agree with Labour Minister Kevin Flynn’s opinion that sick notes are a waste of a physician’s time (the OMA has been calling for an end to sick notes for some time now), there are still some groups that believe this is not a step in the right direction. The Canadian Federation of Independent Businesses (CFIB) is one of them. The CFIB believes that people will abuse it, however, they do support the claim that it will limit the spread of germs and viruses to other people. With a note not required until passing 10 sick days under the new law, CFIB analyst Ryan Mallough would like sick days and doctors notes to remain “a flexible matter between employer and employee…[because] there is potential for abuse…[and] this is all part of the re-election campaign for the Liberals.” For more information on the developments of the Changing Workplaces Review, please refer to our previous blog posts: May 17, 2017: Is A $15 Minimum Wage, More Unionization And A Minimum 3 Week Vacation On The Horizon? June 1, 2017: Update: Ontario Liberals Announce Changes To Labour Law—And A $15 Minimum Wage June 9, 2017: Workplace Reform Showcase: Doctor’s Notes Devry Smith Frank LLP is a full service law firm located in Don Mills. If you require representation or have any questions, please contact Devry Smith Frank LLP today. You may contact one of the many experienced lawyers on our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawJune 19, 2017June 22, 2020