Canada: Key Issues

  1. Enforcement guidelines addressing new employment-related competition laws.
  2. Ontario Court of Appeal clarifies when employers have implied right of lay-off.
  3. OHSA charges laid against employer in the absence of a workplace accident.
  4. "Age-related risk to COVID-19" insufficient to justify work-from-home accommodation.

Canada: Competition Bureau Releases Guidelines on Anti Wage-Fixing and No-Poaching Agreement Legislation

On 30 May 2023, Canada's Competition Bureau released its Enforcement Guidelines on the Federal Government's recent amendments to the Competition Act which, commencing on 23 June 2023, will prohibit wage-fixing and mutual no-poaching agreements between employers. » Read More

Canada: Court of Appeal Narrows the Implied Right to Lay-off and Clarifies Condonation

In a recent decision, the Ontario Court of Appeal clarified that (1) the lay-off of some employees does not generally constitute an implied right to lay off other employees; and (2) in order for an employee to condone a lay-off, they must have engaged in some positive action (not just silence or acquiescence). » Read More

Canada: Company and CEO Both Convicted of OHSA Offences, Despite the Absence of a Workplace Accident

A Kitchener-based manufacturing company and its CEO were recently convicted of offences under Ontario's Occupational Health and Safety Act after they failed to ensure that machines being operated in the workplace were equipped with proper guarding. » Read More

Canada: Arbitrator Finds "Age-Related Risk to COVID-19" to Be Insufficient Grounds for WFH Accommodation

An arbitrator determined that an employer did not contravene the Ontario Human Rights Code when it refused to grant an older employee's request to work from home based on an "age-related risk to COVID-19." » Read More

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