Last year the Ontario Government initiated a review of the
Labour Relations Act, 1995 (the LRA) and the
Employment Standards Act, 2000 (the ESA) to ensure that
the province's labour relations and employment standards
legislation continue to reflect the realities of the modern
workforce, workplace and economy. The Review, which has
included extensive public consultations, is being conducted by two
special advisors: C. Michael Mitchell, formerly union-side labour
lawyer, and the Honourable John C. Murray, a former Ontario
Superior Court judge and management-side labour lawyer.
On July 27, 2016, the Ministry of Labour released the special
advisor's Interim Report and opened a window for further public
consultations. This gives employers and other stakeholders,
what could be their final opportunity to weigh in on approximately
50 labour and employment issues and over 225 options for addressing
them identified in the Interim Report, including whether it would
be appropriate to: revert to a card-check model for certification;
restrict or prohibit the use of replacement workers during labour
disputes; modify or eliminate the current ESA exemptions including
the manager/supervisor exemption; overhaul the ESA personal
emergency leave provision; and provide just cause protection for
employees covered by the ESA.
Although the deadline for submissions on personal
emergency leave has already passed, there is still time to make
submissions on all aspects of the Interim Report. To submit
comments, ideas and suggestions, contact the Ministry of Labour by
October 14, 2016 at:
After this phase of consultations concludes, the special
advisors will provide the Ministry of Labour with a final report
and recommendations to help inform changes to modernize
Ontario's labour and employment laws.
About Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global law firm. We provide the
world's preeminent corporations and financial institutions with
a full business law service. We have 3800 lawyers and other legal
staff based in more than 50 cities across Europe, the United
States, Canada, Latin America, Asia, Australia, Africa, the Middle
East and Central Asia.
Recognized for our industry focus, we are strong across all the
key industry sectors: financial institutions; energy;
infrastructure, mining and commodities; transport; technology and
innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global
business principles of quality, unity and integrity. We aim to
provide the highest possible standard of legal service in each of
our offices and to maintain that level of quality at every point of
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).