In 2023, Canada saw significant statutory and case law developments in labour and employment law. This Insight provides an overview of notable 2023 developments.
The British Columbia Court of Appeal has upheld the dismissal of an employee’s wrongful dismissal claim and the finding that his surreptitious recording of conversations with his colleagues justified the termination of his employment for just cause.
Alberta court finds an employee placed on unpaid leave for failing to comply with the employer’s reasonable, mandatory COVID-19 vaccination policy was not constructively dismissed.
On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023, which would implement proposals in the 2023 Fall Economic Statement.
The Ontario Superior Court of Justice (Divisional Court) has quashed an arbitrator’s decision allowing two grievances that claimed collective agreements had been violated because they did not recognize September 19, 2022 as a paid holiday.
The Supreme Court of Canada has let stand a decision finding an “owner” of a construction project can be considered an “employer” within the meaning of the Occupational Health and Safety Act (OHSA).
On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published in the Ontario Gazette.
On November 9, 2023, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was introduced by the federal government for First Reading.
