Author: Dave Patriarche
2018: Year Of The Employer? Two (More) Helpful Decisions On Termination Clauses
This article (and the cases referenced) highlight the importance of precise and consistent wording in employment contracts.
Two recent Ontario cases have continued a recent trend of employer-friendly decisions regarding the enforceability of termination clauses…
Ontario Employment Standards Act Changes
Please see the following Bill 47 update – changes to the Ontario Employment Standards Act, 2000 receiving Royal Assent.
This provides a quick list of the changes in employment law that will take effect January 1 2019.
On November 21, 2018, Bill 47, the Making Ontario Open for Business Act, passed third reading and received Royal Assent.
With respect to the Employment Standards Act, 2000, there were no further changes to the version of Bill 47 that was introduced in the Legislature on October 23, 2017. The only item that has now been clarified is that many of the changes will take effect on January 1, 2019, as was anticipated. This date is significant for a number of reasons:
EMPLOYMENT LAW AND THE EMERGING NOTION OF THE DEPENDENT CONTRACTOR
An interesting article on “dependent contractors”. Whether the person(or company) is deemed an “independent contractor”, a “dependent contractor” or a “personal service business”, employers need to make sure that both parties are clear on what they are. Obtaining good advice on the structure they choose is the key to avoiding larger and more expensive problems for both parties.
Employers are generally familiar with the distinction between an employee and an independent contractor. A third category of worker, known as the “dependent contractor”, is beginning to be more widely recognized by Canadian courts…
Articles like these may have unintended consequences
I always see red when I read articles like these. They encourage employee to “use up” their coverage with total disregard to their employer that is paying the bill.
Would someone suggest claiming against any other insurance to avoid “wasting money”? Would someone make that minor car insurance claim each year for the shopping cart ding or minor scrape? Likely not, unless you are good with your rates skyrocketing. So why is it okay here?
An employee benefit plan is a perq that good employers provide (and should be used that way), not as a way to get more from an insurer (that isn’t really paying).
I pay for benefits monthly and I’ll be damned if I’m going to miss my opportunity to squeeze the most from them. Otherwise, it’s wasted money.
Ontario Employer Health Tax changes
Just a quick note to inform of the increased health tax exemption. Details are below.
Employer Health Tax
Effective January 1, 2019, the Employer Health Tax (EHT) exemption is increased from $450,000 to $490,000. This is part of a series of EHT exemption adjustments for inflation using the Ontario Consumer Price Index scheduled for every five years.
Learn more about the EHT tax exemption
Canadians underestimate consequences of health and dental benefits fraud
This is an great article (along with an excellent video) on what happens when you commit benefits fraud. If there is one article that you could pass around the office, this might be the one.
The video is only 30 seconds long, but makes a strong point that employees will understand.
Policy statement on cannabis and the Ontario Human Rights Code
We have been flooded with info on the new Cannabis legalization (as I’m sure you have too), on issues from the HR, legal, liability and costs to everyones opinion on how it should be dealt with in the workplace.
I thought this might be a good piece to share (being from Human Rights and all) as it gives some examples and talks about the Employer Duty to Accommodate.
Cannabis or “marijuana” laws are changing in Canada.[1] It will now be legal for people age 19 or older in Ontario to buy, possess, use and grow recreational cannabis. Provincial laws generally permit cannabis use wherever laws permit tobacco use.[2] Cannabis use for a medical purpose (medical cannabis) continues to be legal.
Ontario’s Human Rights Code (the Code) and the Ontario Human Rights Commission’s policies[3] apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability.
People who use cannabis for a medical purpose related to a disability, and people addicted to cannabis, also have the right to disability-related accommodation to the point of undue hardship – that is, significant health and safety risks or excessive costs. People seeking accommodation related to cannabis use because of a disability may need to provide medical or other information to support their needs. Employees who use cannabis because of a disability may need to provide information verifying their fitness for work.
What employees need to know about LTD insurance
A good (brief) article by an employment lawyer on what employees need to know about THEIR responsibilities when absent from work.
Employees who receive long-term disability benefits from their work are given significant allowances, but they may not be aware of certain limits and obligations that come with those entitlements.
In a recent note, Devan Marr of Strigberger Brown Armstrong discussed the different misconceptions employees may have regarding their LTD coverage. He noted that, contrary to popular belief, employers have a right to know specific details behind an employee’s inability to come to work.
Bill 47 update – proposed changes to the Employment Standards Act, 2000
Here is a brief article with a chart that illustrate the proposed changes to the Ontario Employment Standards Act that we’ve been following
On October 23, 2018, the Ontario government formally announced its intention to make significant changes to employment and labour legislation in Ontario. In large part, these proposed changes will reverse or amend the legislation that the government previously passed through Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Some of the Bill 148 changes have already been phased in during 2018, such as the 10 days of “personal emergency leave” (two of which were paid) and the increase in minimum wage to $14 per hour, while others were to have taken effect in 2019, such as the new scheduling requirements.