Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Ontario: Bill 149 Receives Royal Assent and Amends Key Laws

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

On March 21, 2024, Ontario’s Bill 149 – Working for Workers Four Act, 2024 – received Royal Assent. The new law amends several key legislation, including the Employment Standards Act, 2000 (ESA), the Workplace Safety and Insurance Act, 1997 (WSIA), and the Digital Platform Workers’ Rights Act, 2022 (DPWRA). As an example, the ESA is amended to clarify the definition of “employee” and “deductions” to employee wages. Additional details are available on Littler.com.

Ontario: Government Repeals Bill 124 in its Entirety After Appellate Court Decision

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019, introduced by Ontario in 2019, limited wage increases for 780,000 workers in the broader public sector to 1% per year for a three-year moderation period. In Ontario English Catholic Teachers Association v. Ontario (Attorney General), 2024 ONCA 101, the majority of the Ontario Court of Appeal found that Bill 124 substantially interfered with collective bargaining rights in violation of section 2(d) of the Canadian Charter of Rights and Freedoms and declared it invalid. On February 23, 2024, Ontario repealed Bill 124 in its entirety.

British Columbia: Court of Appeal Rejects Employer’s Frustration of Contract Defense in Circumstances Connected to COVID-19

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration of contract defense against an employee’s claim that she was wrongfully dismissed in circumstances connected to COVID-19 when the employer laid her off without notice or severance. Additional details are available on Littler.com.

Ontario: Court Awards Retired VP $1.8 Million in Damages for Unpaid Vacation, Deferred Bonus and Unvested Stock Options

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

Although the underlying claim for constructive discharge was dismissed, in Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice nevertheless found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant policies were not clearly communicated to him in his employment agreement or by any other means. Additional details are available on Littler.com.

Arbitrator Considers Interaction Between Paid Medical Leave Days and Other Employer-Paid Benefits

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler LLP

In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union’s policy grievance on the grounds that, contrary to the union’s assertion, the employer could count approved sick days paid at 100% of weekly earnings under its short-term disability benefits plan as paid medical leave days under the Canada Labor Code. Additional details are available on Littler.com.