Ontario election expected to determine survival of Human Rights Code amendments

May 22, 2018
Blog Post

Proposed changes to Ontario’s Human Rights Code that would have prevented discrimination based on social condition, genetic characteristics, immigration status and police records, was quashed when Ontario’s 41st Parliament was dissolved on May 8, 2018. However, lawyers practicing in areas that involve human rights should remain aware that the proposed amendments represent significant changes to human rights law in Ontario.

A Much-Needed Amendment to Ontario’s Human Rights Code

May 2, 2018
Blog Post

On October 4, 2017, Liberal MPP Nathalie Des Rosiers introduced a private member’s bill titled the Human Rights Code Amendment Act, 2017 (“Bill 164”). If passed, Bill 164 would amend Ontario’s Human Rights Code to add four new prohibited grounds of discrimination: social condition, genetic characteristics, immigration status and police records. This post explores the definitions of these new grounds, and the implications for employers and employees.

Changes to the Employment Standards Act: What Were the Missed Opportunities?

March 27, 2018
Blog Post

As you may have heard, last year the Ontario provincial government passed significant changes to the Employment Standards Act, 2000 (the “ESA”). While many of the changes have progressive and employee-friendly intentions, some changes that are unfavourable to employees have been largely swept under the rug. Furthermore, the government opted not to make certain changes that it should have and, in fact, made others that simply make no sense. Here are three examples.

Perpetual Employment with Fixed-term Contracts: Am I An Indeterminate Employee?

February 26, 2018
Blog Post

The majority of workers in Canada are employed on a permanent basis, with an employment contract of indefinite duration; that is, with no specified end date. Recently, however, there have been interesting cases touching on a terminated employee’s entitlements when employed pursuant to a fixed-term contract.

Welcome, Patrick Brunet

February 22, 2018
Blog Post

The Employment Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce a new member of the team, associate lawyer Patrick Brunet.

Family Day – Who is Entitled To A Day Off?

February 14, 2018
Blog Post

Family Day was introduced by the provincial government in 2008, and it means that employees covered by the holiday provisions in Ontario’s Employment Standards Act, 2000 (ESA) are entitled to this public holiday with pay.

Recent allegations against Patrick Brown highlight the need for Bill C-65

February 12, 2018
Blog Post

An employee should not have to be subjected to sexual harassment in order to succeed in their career. Allegations of sexual misconduct against former Ontario Progressive Conservative Leader, Patrick Brown, highlight why Bill C-65 is necessary to enact stronger protection for Parliament Hill staff. But while Bill C-65 sounds like a promising first step, there is still legislative work to do.

Sexual Harassment in the Workplace: What Should I Do?

January 18, 2018
Blog Post

The sexual abuse allegations against film mogul Harvey Weinstein led to an outpouring of allegations against other powerful people in Hollywood and the entertainment industry. The workplace is an especially vulnerable place due to the obvious power imbalance between employees and their supervisors. If you are experiencing sexual harassment in the workplace, what are your legal rights?