In 2015, Ontario launched public consultations (Changing Workplaces Review) into amendments to the Employment Standards Act and Labour Relations Act. An Interim Report is expected to be released in early 2016. Recommendations will be far reaching and, we believe, have a dramatic impact on the regulation of Ontario workplaces. Yet, to date, there has been little employer participation in the consultative process.
December
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Sherrard Kuzz LLP
- Employment Standards Act
- Increased minimum entitlements for part-time, casual and temporary agency employees
- Joint client – contractor liability for contractor employees (i.e., temp agencies, building services, franchisor/franchisees, etc.)
- Reconciliation and/or expansion of protected leaves
- Fewer exemptions from the application of the ESA
- Heightened enforcement, inspection and audit processes
- Labour Relations Act
- Unionization: Replacement of the vote process with a card based system
- Greater access to employee contact information given to trade unions
- Automatic access to interest arbitration to resolve disputes
- Increased regulation of strikes/lockouts (e.g., ban on replacement workers; time-limited strikes, etc.)
- Increased Labour Board powers to regulate the trade union–employer relationship (e.g., multi-site collective agreements, increased enforcement powers, greater financial penalties, etc.)
