October 2025 Workplace Recap - October 31, 2025
Enjoy our latest edition of Workplace Recap for Canadian employers.
Legislation Updates
- BC’s Pay Transparency Act reshapes hiring and reporting rules for employers
- Ottawa unveils multibillion-dollar plan to rebuild Canada’s industrial strength
- Alberta ends hybrid work for 12,000 public servants
- Ontario triples juror pay in long-awaited update
- SHRM invites Robby Starbuck to debate DEI initiatives at HR Conference
- Ottawa to ban non-compete clauses in federally regulated workplaces
- BC to guarantee job protection for workers facing serious illness
HR News
- 400 layoffs follow move by NDP to ban unpaid work by flight attendants
- RBC employee charged after allegedly accessing PM Carney’s bank account
Case Law Round Up
- Casual vs. regular work: Alberta court clarifies what really counts
- BC: Wrongful dismissal claim backfires in court
- Ontario: “At any time” termination clause fails again in court
Legislation Updates
BC’s Pay Transparency Act reshapes hiring and reporting rules for employers
British Columbia’s Pay Transparency Act is now in force, changing how employers advertise jobs, discuss pay, and report compensation data. As of Nov. 1, 2023, job postings must include a salary or pay range, and employers can no longer ask candidates about their past wages. Larger employers will be phased into annual pay transparency reporting starting in 2024. While penalties aren’t yet in place, the province has appointed a Director of Pay Transparency to oversee compliance and promote fairer pay practices across BC.
Ottawa unveils multibillion-dollar plan to rebuild Canada’s industrial strength
Prime Minister Mark Carney has announced sweeping new investments to protect Canadian jobs and industries hit by U.S. tariffs. The plan includes a $5 billion Strategic Response Fund to help key sectors pivot to new markets, $1 billion in regional supports for SMEs, and $450 million to retrain 50,000 workers. A new “Buy Canadian” policy will require federal projects to prioritize domestic suppliers, while canola producers and automakers receive targeted relief. The measures mark one of Canada’s most ambitious economic interventions in years.
Alberta ends hybrid work for 12,000 public servants
Starting February 2026, Alberta’s government will scrap its hybrid work policy, requiring all provincial employees to return to the office full-time. The move affects roughly 12,600 workers, about 44 percent of the provincial workforce, who currently split their week between home and office. Officials say the change reflects “shifting circumstances” and follows Ontario’s similar decision earlier this year, though flexible hours and medical accommodations will still be available.
Ontario triples juror pay in long-awaited update
Ontario jurors will now earn $120 per day from the first day of service, up from the outdated $40 rate that hadn’t changed since 1989. Announced by Attorney General Doug Downey, the reform aims to remove financial barriers for citizens fulfilling their civic duty. Advocates say the increase could help make juries more diverse and representative by enabling more working Canadians to serve. Critics note, however, that mental health and post-trial supports for jurors still lag behind.
SHRM invites Robby Starbuck to debate DEI initiatives at HR Conference
After backlash over inviting conservative activist Robby Starbuck to its annual conference, SHRM President Johnny C. Taylor is standing firm, saying understanding opposing views helps strengthen diversity strategies. Instead of canceling, SHRM extended the panel and opened it to audience questions. Critics argue the move undermines inclusion, while supporters see it as a show of transparency and open conversation within a divided HR community.
Ottawa to ban non-compete clauses in federally regulated workplaces
The federal government plans to outlaw non-compete agreements at banks and other federally regulated employers, giving workers more freedom to change jobs or start businesses. Announced by Jobs Minister Patty Hajdu, the proposal, part of the upcoming Nov. 4 budget, will amend the Canada Labour Code and mirrors Ontario’s 2021 ban. Ottawa will also expand a union training program for trades, invest $97 million to speed up foreign credential recognition, and roll out new re-skilling initiatives tied to U.S. tariff impacts.
BC to guarantee job protection for workers facing serious illness
British Columbia is moving to amend its Employment Standards Act to give workers up to 27 weeks of unpaid, job-protected medical leave within a 12-month period. The change ensures employees battling serious illnesses like cancer or multiple sclerosis can focus on recovery without fear of losing their jobs. Premier David Eby said the move aligns BC with other provinces and federal EI sickness benefits, calling it a step toward a healthier, more secure workforce where “no one has to choose between their job and their health.”
HR News
400 layoffs follow move by NDP to ban unpaid work by flight attendants
Air Canada is cutting roughly 400 management positions, about one percent of its workforce, following a strike that grounded thousands of flights and cost the airline an estimated $375 million. The three-day walkout by more than 10,000 flight attendants in August forced over 3,000 cancellations and shook traveler confidence. The airline called the layoffs a “difficult decision” aimed at stabilizing operations and recovering from the financial turbulence that followed.
RBC employee charged after allegedly accessing PM Carney’s bank account
A 23-year-old Royal Bank of Canada employee has been charged after allegedly accessing Prime Minister Mark Carney’s account and several others without authorization. Police say there’s no threat to Carney’s safety or national security. The accused, Ibrahim El-Hakim, was reportedly paid about C$5,000 by a contact on Telegram tied to organized crime. He allegedly also accessed former PM Justin Trudeau’s account. RBC says it identified the breach internally and worked with police on the investigation.
Case Law Round Up
Casual vs. regular work: Alberta court clarifies what really counts
When does “casual” employment actually mean casual? The Alberta Court of King’s Bench made it clear that it depends on the full picture. In Falkenberg v. Stephen Avenue Securities Inc., 2025 ABKB 485, the Court overturned a ruling that classified a 24-year employee as casual and increased her notice from 6 to 18 months. The decision confirms that part-time work doesn’t equal casual status and that employers can’t rely on flexible pay or inconsistent schedules to avoid full notice obligations.
Key Take-Aways for Employers
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“Casual” status is determined case by case; there is no single definition.
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Part-time hours do not reduce notice entitlement.
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Deferred or inconsistent pay does not end continuous service.
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Courts consider the entire employment context including duties, contracts, and integration into the business.
BC: Wrongful dismissal claim backfires in court
A BC Supreme Court ruling in Adrain v. Agricom International Inc., 2025 BCSC 1842 shows how filing a wrongful dismissal lawsuit too soon can seriously cut an employee’s payout. A 30-year employee sued for more severance during her 13-month working notice period, but the Court found that filing the claim itself ended the employment relationship. Her notice was slashed from 24 months to 7. The case is a sharp reminder that timing matters when taking legal action during notice.
Key Take-Aways for Employers
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Filing a wrongful dismissal lawsuit during working notice can be seen as repudiation of employment.
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Employees who repudiate lose entitlement to remaining notice pay.
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Demand letters or early negotiations don’t always mean just cause, but may still end the relationship if legal action follows.
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Employers can rely on this case when facing mid-notice lawsuits from departing employees.
Ontario: “At any time” termination clause fails again in court
The Ontario Superior Court has once again struck down an “at any time” termination clause in Chan v. NYX Capital Corp., 2025 ONSC 4561, ruling it violates the Employment Standards Act (ESA). The employer’s attempt to rely on broad wording like “at any time and for any reason” rendered the entire clause unenforceable, leaving the worker entitled to three months’ notice despite only three months of service. This case reinforces that even small wording choices can make or break a termination clause in Ontario.
Key Take-Aways for Employers
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Phrases like “at any time” or “for any reason” can invalidate a termination clause under the ESA.
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Employers must define “cause” in line with the ESA’s definition of wilful misconduct.
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Clauses that waive an employee’s statutory rights or prevent certain claims are unenforceable.
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Review and update employment contracts regularly to stay aligned with current case law.
Melina Laird is Operations Coordinator for ConnectsUs HR, a company that provides tools & resources to quickly set up a Human Resources department.
You can contact her here.
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