In May, Ontario's Ministry of Labour commenced what is being
called the "Changing Workplaces Review". The review
is intended to take a close look at the Employment Standards
Act, 2000 ("ESA") and the Labour Relations
Act, 1995 ("LRA"), with the special
advisors making recommendations to the Ontario government.
The review has been ordered both to address the significant period
of time which has passed since both statutes were enacted, and the
changes that have occurred in the workplace and society since then.
The special advisors appointed to conduct the review
and issue recommendations are Michael Mitchell, a former Toronto
partner from employee-side law firm Sack Goldblatt Mitchell, and
the Honourable John Murray, a former judge and former a
It is anticipated that the advisors' report to the
government will touch on such things as: (a) the increase in
non-standard working relationships (eg. involuntary part-time work,
temporary jobs, and self-employment); (b) greater workplace
diversity; (c) technological change; and (d) minimum standards
under the ESA and LRA. More specifically, and with reference
to the questions posed in the government's Guide to
Consultations, it can be expected that the advisors may look at
things like: (i) whether there should be more or less (or
different) overtime exemptions for different groups of employees;
(ii) whether additional types of leaves of absence are recommended;
and (iii) whether the notice of termination provisions currently
set out under the ESA are sufficient.
Public consultations are being held across the province from
June through September, and written submissions can also be
provided to the advisors by email, fax or regular mail prior to
September 18th. For further details on the dates
and locations of public consultations, as well as where to direct
written submissions, please click here.
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