News Manuals, Programs and Procedures Online Training In-House Training Safety Products Links Contact Us
Injury Prevention Medical Management WSIB - WCB Insurance WSIB/WCB and Benefit Insurance Claims Management Consulting Advocacy Services Labour Management Workplace Safety Training and Education
Blog Admin        

July. 2022
January. 2022
December. 2021
November. 2021
September. 2021
August. 2021
July. 2021
June. 2021
May. 2021
April. 2021
February. 2021
December. 2020
November. 2020
October. 2020
July. 2020
June. 2020
May. 2020
March. 2020
February. 2020
April. 2019
June. 2017
July. 2016
June. 2016
February. 2016
July. 2015
March. 2014
June. 2013
May. 2013
September. 2012
August. 2012
June. 2012
April. 2012
March. 2012
February. 2012
January. 2012
September. 2011
March. 2011
December. 2010
November. 2010
August. 2010
April. 2010
March. 2010
February. 2010
January. 2010
November. 2009
July. 2009
June. 2009
May. 2009
March. 2009
February. 2009
September. 2008
August. 2008
July. 2008
April. 2008
March. 2008
February. 2008
January. 2008
December. 2007
October. 2007
September. 2007
August. 2007
July. 2007
June. 2007
May. 2007
April. 2007
January. 2007

Employment and Labour Law Update
Monday, April 8, 2019 at 11:18:51 AM

Keeping up with Canada's fast-changing employment and labour laws.
Just because you can, doesn't mean you should!


On January 1, 2019, the entitlement under Ontario's Employment Standards Act, 2000, to personal emergency leave (including two paid days) was repealed and replaced with three new unpaid leave entitlements in each calendar year: 3 days Sick Leave, 3 days Family Responsibility Leave, and 2 days Bereavement Leave.

1. 2018 was a year of change for employers across Canada. The legalization of recreational cannabis coupled with seismic shifts in employment standards and labour relations legislation required many employers to change the way they do business.

2. You may be thinking about rolling back the wage parity among full and part-time employees brought in under Bill 148. Can you? Should you? The analysis is both practical and legal.

3. In a non-unionized workplace, a unilateral and substantial change to an essential term of employment can, in some cases, be considered a constructive dismissal.

4. Takeaways for employers
As noted above, an appeal of the decision is scheduled to be heard on March 25, 2019. Until the law is settled, employers should remember this:

1. A notice of resignation or retirement must be clear.

A healthy-given notice of resignation or retirement may not be upheld by a court. An employer that relies on such notice does so at some risk.

Best practice: If an employee “resigns” in the heat of the moment or shortly following an incident, proceed with caution. Consider allowing a reasonable period of time to pass, then confirm resignation in writing.

2. Acceptance of a resignation may be sufficient to create a binding agreement.

Subject to point 1 (above), assuming English v. Manulife remains the law, an employer need only accept a resignation for it to be binding.

Best practice: To minimize the opportunity for disagreement and/or misunderstanding down the road, ensure “acceptance” is clear (written confirmation) and consider taking a step or action in reliance on the resignation.