How Is Holiday Pay Calculated?

Blog Post
June 1, 2018
Read Time: 3 minutes

We are fortunate in Ontario to have nine public holidays each year. If your employment is covered by the Employment Standards Act (ESA), then you are entitled to be paid for these holidays. Bill 148, the Fair Workplaces, Better Jobs Act, made changes to this calculation recently.

Ontario election expected to determine survival of Human Rights Code amendments

Blog Post
May 22, 2018
Read Time: 4 minutes

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

Blog Post
May 2, 2018
Read Time: 4 minutes

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.

Equal Pay for Equal Work – Recent Changes Now in Effect

Blog Post
April 10, 2018
Read Time: 2 minutes

What are the recent changes to the Equal Pay for Equal Work provisions in the ESA? In our latest Employment Law blog post, Alexander Dezan explores what these changes mean for employees and for employers.

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

Blog Post
March 27, 2018
Read Time: 4 minutes

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?

Blog Post
February 26, 2018
Read Time: 4 minutes

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

Blog Post
February 22, 2018
Read Time: 1 minute

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?

Blog Post
February 14, 2018
Read Time: 3 minutes

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

Blog Post
February 12, 2018
Read Time: 4 minutes

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.