Ontario’s Workforce is Increasingly Temporary Recently, Fiera Foods, an industrial bakery in Toronto, came under fire for the third death of a worker at its factory since 1999. All three workers were temporary workers and killed in workplace accidents, giving rise to questions of the quality of training that such employees received. A temporary worker is more likely to be injured on the job. Research suggests that temps receive less training while also being assigned riskier work. Last year, non-clerical temps suffered more than twice as many injuries as non-temps doing similar work. Dangerous working conditions are just one aspect of employment that employment legislation addresses. The Employment Standards Act is designed with the benefit of employees in mind through providing protections for them in respect of their employment relationships. However the legislation in Ontario fails to include some of the most vulnerable individuals in the workforce. Temporary workers fall outside the majority of the protections provided by legislation such as the Employment Standards Act. Unprotected, yet on the rise. Employment in Ontario can no longer be considered made up of stable jobs with benefits and security. Instead, temporary work positions are increasing, and taking the place of permanent positions. In Ontario it has increased by 20% in the last ten years. In the GTA alone there are over 1700 temporary employment agencies. And with the rise of temporary work comes the rise of not only safety issues, but also insecurity. Employers of temporary workers are permitted to treat temporary workers differently than permanent workers. They can provide the temporary employees with no benefits and lower wages than their permanent counterparts. There is also no obligation to make temporary workers permanent, even after years of uninterrupted service. What is especially troubling, given the deaths of three temporary workers at one factory, is that there is a liability incentive for companies using temp agencies. The workplace can be investigated and charged by the Ministry of Labour, but if it uses a temp agency, it is not liable under WSIB. Under WSIB it is the temp agency that is liable for injury, not the workplace. This saves the workplace money on insurance premiums and incentivizes the workplace to staff its entire workforce with temporary workers, and there is nothing in the legislation to prevent this. In response to the deficiencies in providing protections for the present character of the workforce in Ontario, namely that temporary workers increasingly make up a large proportion in certain industries, Bill 148 is being proposed. “Fair Workplaces, Better Jobs Act, ” the proposed legislation best known for aiming to increase minimum wage to $15, addresses some of the vulnerabilities of temporary workers. If successful, the Bill would require equal wages for temporary and permanent workers, as well as making it easier for temp workers to unionize. The Bill aims to curb companies avoidance of creating permanent jobs by lessening the financial incentives of employing temp workers. However, in its present version, Bill 148 does not require employers to make workers permanent after a certain period of employment, nor does it restrict the proportion of the workforce that can be filled by temporary workers. Employee advocates are hoping that as the Bill progresses it will close more loopholes and increase protections for the full nature of the Ontario workforce. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. By: Samantha Hamilton, Student-at-Law “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment LawSeptember 27, 2017June 18, 2020
Ontario Legislature Returns From Summer Break – Labour & Marijuana to be Main Focus Queen’s Park resumes today after summer break, with much to keep them busy this fall. They will focus on the labour law changes and marijuana legalization which is set for July of next year. In addition to these two major topics, they are also resuming in the midst of two Liberal trials, one of which is the Election Act bribery trial where Kathleen Wynne has been called as a witness. The Election Act bribery charges stem from a 2015 by-election and mischief and the breach of trust trial related to the cancellation of two gas plants before the 2011 election. The labour bill and the introduction of increased minimum wage by 2019, equal pay for part-time workers, more vacation days and personal emergency leave will go through a second reading before the second round of committee hearings. Business groups are against the increase, saying that it is “too much o absorb that quickly,” and they continue to press for amendments to the bill. Second on the docket is the legalization of marijuana and the control of the sale of it, after the announcement that the LCBO will operate all 150 stores that will open in the next couple of years. This fall will be busy for our government, as there are other policies that will be discussed aside from the labour law changes and legalization of pot, such as: Long-term energy plan Police oversight legislation Legislation to create new northern ridings Updated Police Services Act Ticket sales and resale legislation Legislation to create safe zones around abortion clinics As updates become available to the developments in Queen’s Park please check back to our blog for more information on these stories. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Labour LawSeptember 11, 2017June 18, 2020
Hockey Union alleges the OHL broke Labour Laws By: Nicolas Di Nardo Back in 2014, a class-action lawsuit was filed against the Canadian Hockey League (CHL) over wages. It claimed the league was breaching minimum wage laws. In summary, they are seeking $180 million in outstanding wages, vacation, holiday and overtime pay and employer contributions for thousands of players between 2012 and 2014. It is still ongoing and has had some recent developments. Now, the CHLPA has filed with the Ontario Labour Relations Board. The Canadian Hockey League Players’ Association (CHLPA) attempted to unionize its major junior players within the Ontario Hockey League (OHL) promising minimum wage payment. This is a result of the OHL commissioner stating that the players are not entitled to minimum wage because they are defined as “amateur athletes”, however, union officials say that provincial labour laws should apply to for-profit hockey clubs, seeing as they generate profit from the work of their players. Currently, the players within the OHL do get paid, however, it is in the form of stipends (less than $500 a month) with benefits such as lodging, food and gear, but have never been paid in accordance with minimum wage legislation. There are a number of exhibits before the court, such as administrative memos to clubs advising them to not notify the CRA, and instructing teams to disregard the CRA’s classification of OHL players as employees. Additional exhibits also include a number of player contracts with changes to the language stating the relationship between players and their clubs. The current application to the labour board requests that the CHLPA become the bargaining agent for players in the OHL, or damages of $175,000 for union drive expenses. For more information on this, please click here to read the original article. Devry Smith Frank LLP is a full service law firm that has a very experienced group of lawyers within our employee and labour law groups. If you are in need of representation, please contact one of our lawyers today or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawJune 21, 2017June 22, 2020
Update: Proposed Sick Notes Ban By: Nicolas Di Nardo The praise for the Liberal government’s proposed ban on sick notes continues. During the government’s announcement outlining the proposed changes to Ontario’s labour law, which was part of the Changing Workplaces Review, doctors’ notes was the least of everyone’s concern, but it received the most support and attention by groups and organizations that have been pushing for a ban on sick notes for some time. Almost a month of public speculation on proposed changes to the law, the changes to sick notes remains a hot one. Even some representatives within the Progressive Conservatives including PC MPP Monte McNaughton stated, “I actually think it’s quite fair,” which is a surprise as he is usually an outspoken critic of the Liberal administration. While many agree with Labour Minister Kevin Flynn’s opinion that sick notes are a waste of a physician’s time (the OMA has been calling for an end to sick notes for some time now), there are still some groups that believe this is not a step in the right direction. The Canadian Federation of Independent Businesses (CFIB) is one of them. The CFIB believes that people will abuse it, however, they do support the claim that it will limit the spread of germs and viruses to other people. With a note not required until passing 10 sick days under the new law, CFIB analyst Ryan Mallough would like sick days and doctors notes to remain “a flexible matter between employer and employee…[because] there is potential for abuse…[and] this is all part of the re-election campaign for the Liberals.” For more information on the developments of the Changing Workplaces Review, please refer to our previous blog posts: May 17, 2017: Is A $15 Minimum Wage, More Unionization And A Minimum 3 Week Vacation On The Horizon? June 1, 2017: Update: Ontario Liberals Announce Changes To Labour Law—And A $15 Minimum Wage June 9, 2017: Workplace Reform Showcase: Doctor’s Notes Devry Smith Frank LLP is a full service law firm located in Don Mills. If you require representation or have any questions, please contact Devry Smith Frank LLP today. You may contact one of the many experienced lawyers on our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Labour LawJune 19, 2017June 22, 2020
