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Category Archives: The Latest Chapter in Employment Law

Latest Chapter in Employment Law: Drug Testing and Whistleblower Protection

In this edition of The Latest Chapter we discuss the Ontario Superior Court’s decision to deny an injunction against instituting random drug and alcohol testing at the TTC in Amalgamated Transit Union, Local 113 v Toronto Transit Commission and whether this decision will have broader implications with respect to random testing. We also discuss recent changes to the Courts of […]


Latest Chapter In Employment Law: Potentially Dramatic Changes To Employment Legislation And Another Court Of Appeal Decision On Termination Clauses

In this edition of The Latest Chapter, we discuss the Changing Workplaces Review, which could trigger the most significant reforms to Ontario’s employment and labour law statutes in decades. We also note the Ontario Court of Appeal’s latest decision in Wood v Deeley, which could significantly impact how employment agreements and termination provisions are drafted and enforced in Ontario. The […]


The Latest Chapter in Employment Law: The Duty of Good Faith in Employment Contracts

In 2015, the decision in Styles v Alberta Investment Management Corporation made waves in the employment bar by granting an employee substantial damages for the value of bonuses payable under the employer’s Long-Term Incentive Plan (the “LTIP”), even though the employee did not appear to meet the eligibility criteria for payment set out in the LTIP. This award was based […]


The Latest Chapter in Employment Law: Bill 26 Proposes Statutorily-protected Domestic and Sexual Violence Leave

The Ontario provincial government continues its recognition of the impact of domestic violence on the workplace with Bill 26, which proposes amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Previous developments Bill 168, which came into force on June 15, 2010 as an amendment to the OHSA, established a requirement that employers […]


The Latest Chapter in Employment Law: It’s the Final Countdown… AODA Compliance Deadline on January 1

Are you a small organization in the private or non-profit sector? Then you have a deadline this New Year’s Eve to comply with the Employment Standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). In addition, organizations with more than 20 employees will need to file an online compliance report with the government confirming their continued compliance with the AODA. Failure to […]


The Latest Chapter in Employment Law: Termination Clause Saga Continues

We have discussed in multiple blog posts the importance of using a contract in the hiring process, as well as the ongoing saga as courts attempt to determine “how perfect” a termination clause must be in order to displace the common law presumption of reasonable notice.  Employers seeking to avoid common law obligations often use termination clauses, but in many […]


The Latest Chapter in Employment Law: Modernization of Employment Standards Act & Changing Workplaces Review

Nearly 2 years ago, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) came into force, making a variety of changes to the Employment Standards Act, 2000 (the “ESA”), as discussed in a previous edition of this blog. Two of the most notable areas of change in Bill 18 were: 1) Unpaid Wages a. The $10,000 cap on […]


The Latest Chapter in Employment Law: Overtime Rates & Transgender Rights

Overtime Rates to Increase October 1st   So much happens as summer turns to fall.  Students return to school, we pay more attention to the baseball standings to see whether the Blue Jays will make it to the ALCS, and overtime rates once again increase. October 1, 2016 marks the second increase to the minimum wage under the Stronger Workplaces […]


The Latest Chapter in Employment Law: The Balancing Act Continues

Welcome to a brand new edition of The Latest Chapter in Employment Law. This monthly blog post and newsletter discusses new developments in employment law, whether they be driven by legislative change or case law. If you are reading this but do not receive our monthly Newsletter, please sign up to be on our mailing list so you will not miss these […]


The Latest Chapter In Employment Law: Bill 132 & AODA

Welcome to a brand new monthly feature from Rudner MacDonald: The Latest Chapter in Employment Law. This will be a monthly blog post and email series that will discuss new developments in employment law, whether they be driven by legislative change or case law. If you are reading this but do not receive our monthly Newsletter, please sign up to be […]



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