Employment Law for Business and Human Resources Professionals, Revised 4th Edition

Part I: Legal Framework
Chapter 1: Overview of Legal Framework

Part II: Hiring
Chapter 2: Human Rights Issues: Hiring
Chapter 3: Common Law Issues
Chapter 4: The Employment Contract

Part III: During the Course of Employment
Chapter 5: Human Rights Issues: Duty to Accommodate, Harassment, Accessibility Standards
Chapter 6: Equity in the Workplace
Chapter 7: Employment Standards Act
Chapter 8: Occupational Health and Safety Act
Chapter 9: Workplace Safety and Insurance Act
Chapter 10: Privacy Inside and Outside the Workplace
Chapter 11: Navigating the Employment Relationship

Part IV: The End of the Employment Relationship and Beyond
Chapter 12: Resignation and Retirement
Chapter 13: Dismissal with Cause
Chapter 14: Termination and Severance Pay Requirements Under the Employment Standards Act
Chapter 15: Dismissal Without Cause
Chapter 16: Post-Employment Obligations

Appendixes

Notable changes by chapter are as follows:

Chapter 1 (Legal Framework):

• Notes Bill 47’s elimination of Bill 148’s reverse onus on an employer to prove that a worker is a contractor rather than an employee and penalties for mischaracterizing an employee.

Chapter 3 (Common Law Issues Related to Hiring):

• Notes Bill 47’s elimination of Bill 148’s equal pay for equal work regardless of employment status provisions.
• Notes proclamation of Police Record Checks Reform Act, passed in 2015, and updates the discussion on that law.

Chapter 6 (Equity):

• In the context of equal pay for equal work regardless of sex, the text notes Bill 47’s elimination of the equal pay for equal work regardless of employment status provisions. It notes that the latter requirements were in effect between April 1 and December 31, 2018.
• Notes the indefinite postponement of the provisions of the Pay Transparency Act, which were set to come into effect on January 1, 2019.

Chapter 7 (ESA):

• Notes Bill 47’s cancellation of increases to the minimum wages. For example, the general minimum wage was set to increase from $14 to $15 an hour on January 1, 2019. When this increase was cancelled, the Ontario government indicated that there would also be no further increase to the minimum wage until October 2020, when the increase would be tied to the rate of inflation.
• Notes Bill 47’s elimination of equal pay for equal work regardless of employment status (e.g. part-time, seasonal, temporary) provisions.
• Notes Bill 47’s cancellation of the scheduling protections that were set to come into effect on January 1, 2019.
• Notes Bill 47’s elimination of the 10 days of personal emergency leave and its replacement by three new specific unpaid leaves: sickness, bereavement, and family responsibility.
• Notes Bill 47’s removal of Bill 148’s restriction on an employer’s ability to require an employee to provide a medical note to support a request for sickness leave.
• Notes Bill 66’s removal of the need for employers to obtain the approval of the Director of Employment Standards
  • To have employees work weekly hours in excess of 48 hours per week
  • For overtime averaging agreements
• Notes Bill 66’s removal of the requirement to post the Minister of Labour’s ESA poster in the workplace. (Copies must still be given to employees).

Chapter 8 (OHSA):

• Updates FYI on Smoking in the Workplace to cover vaping.

Chapter 11 (Navigating the Employment Relationship):

• Notes removal of restriction on employer’s ability to require an employee to provide a medical note to support a request for sickness leave.

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