November 2024 Workplace HR Recap & News - Nov 30 2024
Enjoy our latest edition of Workplace Recap for Canadian employers:
November 2024 Legislation Updates
- Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Find out what's in force now.
- Ontario proposes 2 new job-protected leaves and properly-fitting PPE for women.
- Government of Canada reduces immigration citing pressures on housing, infrastructure, social services.
- New BC first aid requirements effective Nov. 1: What employers need to know.
- Ontario to introduce legislation protecting newcomers from fraud & exploitation.
November 2024 HR News
- Second Cup terminates 2 franchise agreements after operator chants antisemitic slogan & gives Nazi salute at protest.
- Physically active workers lose 10 fewer work days of productivity annually than sedentary counterparts: Report
- Youth unemployment to cost Canadian economy $18.5 billion by 2034.
- Canada Post Strike: Week 2 & Counting.
- Human Rights Tribunal of Ontario dismissing nearly all claims without a hearing: Report
- Canada Post, Amazon, among companies falling victim to data vulnerability breach.
- Canadian health benefits cost trend increasing to 7.4% in 2025: Report
- October unemployment rate remains unchanged at 6.5%.
- 'How to move to Canada' surges on Google after Trump win.
- Public servants' sick days skyrocketed after RTO mandate: 24% increase, or 2191 sick days in Sept.
- Canada’s labour market struggles in Q3.
- Daylight savings results in over a week long decline in productivity: Report
- Starbucks to enforce strict return-to-office policy.
- Canadian Medical Association calls for end to sick notes for minor illnesses.
- Working from home full time would cut public service emissions significantly: Report
- Toronto Lawyer embezzled $7 million from clients, jailed for contempt.
November 2024 Case Law Round Up
- 2 rare Ontario court rulings order employee to undergo independent medical examinations in termination cases.
- Restrictive covenant not enforced against Independent Contractors: Alta Court
- Ontario court FINALLY upholds ESA-only termination clause. Read the clause used!
- Employee found not to have resigned when refusing to work from office, awarded 4.5 months: BC Court
- 86-year-old Scout leader wins back volunteer role after 66 years: Ontario court
- Contract with termination clause sent after worker accepted offer deemed invalid without fresh consideration: BC Court.
- Royal Roads terminates professor for social media posts. Alta arbitrator weighs in.
Legislation Updates
Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Find out what's in force now.
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997.
Ontario proposes 2 new job-protected leaves and properly-fitting PPE for women.
- Creating a new job-protected parental leave for adoptive parents and parents through surrogacy
- Creating a new 27-week job-protected leave for workers with serious illnesses
- Supporting women in the trades by requiring all sectors to have properly fitting personal protective clothing and equipment (PPE) for women.
Government of Canada reduces immigration citing pressures on housing, infrastructure, social services.
'While it's clear our economy needs newcomers, we see the pressures facing our country, and we must adapt our policies accordingly'.
The Canadian government has unveiled its new 2025-2027 Immigration Levels Plan, marking a significant shift in the country’s immigration policy.
Announced by Marc Miller, Minister of Immigration, Refugees and Citizenship, the plan seeks to balance the country’s economic needs with the pressure on housing, infrastructure, and social services.
The plan introduces reduced immigration targets and aims for more sustainable population growth, while placing new emphasis on managing temporary residents, particularly international students and foreign workers.
New BC first aid requirements effective Nov. 1: What employers need to know.
WorkSafeBC is reminding employers to prepare for changes to the Occupational Health and Safety Regulation (OHS Regulation) related to occupational first aid, which take effect on Nov. 1, 2024.
Under the OHS Regulation, employers are responsible for ensuring workers receive prompt, easily accessible, and appropriate first aid treatment. The new amendment will impact first aid requirements across many workplaces, particularly for those that have areas that are not accessible to BC Emergency Health Services or are remote.
Ontario to introduce legislation protecting newcomers from fraud & exploitation.
The provincial government is planning to introduce legislation to crack down on immigration scams. If passed, the bill would impose harsher penalties on people who are taking advantage of newcomers.
HR News
Second Cup terminates 2 franchise agreements after operator chants antisemitic slogan & gives Nazi salute at protest.
Second Cup Canada is moving to shut down a franchisee’s cafés located in Montreal’s Jewish General Hospital after they claim the franchisee was filmed apparently chanting the “Final Solution is coming your way” referencing Nazi Germany’s slaughter of millions of Jewish people during the Holocaust.
Footage that appears to have been recorded at a Thursday protest at Concordia University also shows a woman performing the Nazi salute.
Second Cup Canada president Peter Mammas told Global News the company verified the woman in the video is Mai Abdulhadi, who owns two Second Cup locations inside the hospital.
Physically active workers lose 10 fewer work days of productivity annually than sedentary counterparts: Report
TELUS Health released its TELUS Mental Health Index and the Canadian report revealed that physically active workers lose 10 fewer work days of productivity annually than their sedentary counterparts. The Index also found that workers dissatisfied with their physical health score 22 points lower in mental health and lose 21 more days of productivity annually than satisfied counterparts.
The Index also found:
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Women are 40 per cent more likely than men to report a negative experience with the healthcare system.
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Workers perceiving poor employer support for their physical wellbeing lose 22 more work days of productivity annually and score 22 points lower in mental health than those perceiving excellent support.
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Workers uninterested in improving health lose 14 more work days in productivity annually than those motivated.
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Stress reduction motivates 12 per cent of workers to exercise.
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Nine per cent of workers surveyed never engage in physical activity.
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Less than 10 per cent of workers report engaging in activities that promote social wellbeing.
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Twenty-two per cent of employees report anxiety, 14 per cent depression and 13 per cent sleep disorders.
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Employees without emergency funds are twice as likely to seek stress reduction and report anxiety or depression diagnoses.
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Mental health conditions are disproportionately reported among younger workers, women and those without savings.
Youth unemployment to cost Canadian economy $18.5 billion by 2034.
A landmark report, Failure to Launch from The King's Trust, reveals a startling economic reality: Canada's failure to address its youth unemployment crisis will cost the country $18.5 billion in GDP by 2034.
In addition to the cost to GDP, the report, prepared by Deloitte Canada, finds that acting on the youth unemployment crisis, which reached 14.5% in August, marking the highest rate since 2012—except for the pandemic years, would result in significant economic gains to Canada, including:
- The creation of 228,000 jobs.
- An increase of $5.3 billion in government revenue due to higher tax revenues from increased employment.
- An increase of $9.2 billion in greater wages and salaries.
- A boost to Canada's annual GDP growth rate (from 1.98% to 2.04%) over ten years.
Canada Post Strike: Week 2 & Counting.
The Canada Post strike has entered its second week, with no resolution in sight. Retailers nationwide are feeling the strain as mailers, flyers, and promotional coupons face delays, impacting businesses during this critical season.
Human Rights Tribunal of Ontario dismissing nearly all claims without a hearing: Report
Ontario’s human rights system has become a nightmare for people who seek redress for alleged discrimination, a new analysis by the independent group Tribunal Watch Ontario shows. 93% of HRTO’s claims are dismissed without a hearing, and in 80% of these cases, applicants were determined to have “abandoned” their claims after prolonged delays and complex filing requirements.
Canada Post, Amazon, among companies falling victim to data vulnerability breach.
A report from the cybercrime firm Hudson Rock said that information released on the hacking forum BreachForums included data from Amazon and 25 other organizations, including MetLife, HP, HSBC, and Canada Post.
According to Hudson Rock, the original data breach, dated back to May 2023’s infamous MOVEit file transfer system cyberattack, includes 2.8 million Amazon data records.
Canadian health benefits cost trend increasing to 7.4% in 2025: Report
A new report from Aon forecasts a substantial increase in Canadian employer medical costs in 2025, with projected rates rising to 7.4 percent, up from 5.0 percent in 2024.
The report identifies the primary medical conditions contributing to rising medical plan costs in Canada, which include:
- Diabetes
- Autoimmune diseases (excluding diabetes)
- Mental health conditions
- Lung disorders/respiratory issues
- Cardiovascular concerns and weight loss
October unemployment rate remains unchanged at 6.5%.
Employment was little changed in October (+15,000; +0.1%) and the employment rate fell 0.1 percentage points to 60.6%. The unemployment rate was unchanged at 6.5%.
'How to move to Canada' surges on Google after Trump win.
U.S. search engine queries about moving to Canada shot up Wednesday in the wake of Donald Trump’s decisive win in the presidential election.
According to Google, “move to Canada” began trending upward Tuesday night as the election results trickled in and surged in the overnight hours, hitting a peak around 6 a.m. Wednesday as people woke up to the news.
Public servants' sick days skyrocketed after RTO mandate: 24% increase, or 2191 sick days in Sept.
The number of sick days employees working for the Treasury Board of Canada Secretariat took during the month of September skyrocketed as the department urged public servants to make their way back to their offices at least three days a week.
According to departmental data, TBS employees took a total of 2,191 sick days between Sept. 1 and Sept. 30.
That was up significantly from previous years. During the same period in 2023, employees took 1,708.9 sick days. In 2022, they took 1,477.9 sick days and in 2021 they had 1,075.4 sick days. In 2020, during the early months of the COVID-19 pandemic, TBS employees’ sick days totalled a mere 827.6 days.
Canada’s labour market struggles in Q3.
Canada’s labor market struggles as job growth lags behind population growth, with employment rising just 34,000 monthly and the unemployment rate slightly up to 6.5% amid uneven wage growth.
Daylight savings results in over a week long decline in productivity: Report
Using data on GitHub users around the world, we estimate the effects of transitions to Daylight Saving Time on worker activity. In daily activity, transitions appear short lived—there is evidence of two days of declines before activity returns to baseline levels.
However, hourly analysis reveals a transition to Daylight Saving Time that is much longer—losses appear in the early working hours of work days into a second week following the initiation of Daylight Saving Time.
Starbucks to enforce strict return-to-office policy.
Starbucks has announced it will enforce stricter measures to ensure U.S. corporate employees return to the office three days a week, with potential consequences for non-compliance that include termination.
Canadian Medical Association calls for end to sick notes for minor illnesses.
The Canadian Medical Association (CMA) is urging an end to the requirement for sick notes for short-term minor illnesses, arguing that the practice places unnecessary burdens on physicians and strains an already overstretched healthcare system.
In a recently released policy paper, the CMA recommends legislative action to limit sick note requirements, calling instead for more practical solutions such as self-certification and flexible leave policies.
Working from home full time would cut public service emissions significantly: Report
Just over a month after federal public servants were forced back into their offices at least three days a week, a report by Carleton University researchers found that letting government workers in the Ottawa area work from home full time would reduce their workplace emissions by 25 per cent.
The report—which was funded by the federal government and surveyed more than 1,500 employees from the Treasury Board of Canada Secretariat (TBS), Public Services and Procurement Canada (PSPC) and the Canada Revenue Agency (CRA)—compared the carbon footprint of government workers in the National Capital Region (NCR) and Quebec when working from home and the office. Researchers concluded that working remotely significantly cut down those emissions.
Toronto Lawyer embezzled $7 million from clients, jailed for contempt.
It's the latest chapter in the saga of the high-living lawyer couple (Singa Bui and Nicholas Cartel) whose now-defunct firm, Cartel & Bui LLP, embezzled nearly $7 million from home-buyers and sellers in southern Ontario before the scheme came crashing to a halt last year.
At least 26 plaintiffs are pursuing Cartel, Bui and their firm in court. Many have already obtained judgments totalling millions of dollars, and orders for Bui and Cartel to hand over documents and answer questions about where the money went. But they would then find themselves up against what the judge has described as repeated failures by Bui and Cartel to comply over the last 10 months, which triggered the contempt findings.
Case Law Round Up
2 rare Ontario court rulings order employee to undergo independent medical examinations in termination cases.
In 2 recent and significant Ontario court cases, the courts ordered the plaintiff employee to undergo an independent medical examination (IME).
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Marshall v. Mercantile Exchange Corporation. The Court Clarifies IME May Be Necessary to Test Plaintiff’s Explanation for Failure to Mitigate Damages. More
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Barrette v. Bombardier Transportation Canada. Another Independent Medical Examination Ordered in the Context of a Wrongful Dismissal Case. More
Restrictive covenant not enforced against Independent Contractors: Alta Court
In NL Fisher Supervision & Engineering Ltd. v Bottger, 2024 ABCJ 225, the Alberta Court of Justice ruled that the restrictive covenants contained in consulting agreements were an unfair restraint on trade, as they were both ambiguous and unreasonable.
This case is important because it found that consulting agreements, in which the Defendants were party to through their corporations, still indicated the presence of a traditional employment relationship, thus the non-compete and non-solicit restrictive covenants contained within were subject to more rigorous scrutiny than those contained in business contracts.
Ontario court FINALLY upholds ESA-only termination clause. Read the clause used!
The employer (defendant)'s termination clause was as follows:
- Termination of Employment by the Company: If your employment is terminated with or without cause, you will be provided with only the minimum payments and entitlements, if any, owed to you under the [ESA] and its Regulations,…including but not limited to outstanding wages, vacation pay, and any minimum entitlement to notice of termination (or termination pay), severance pay (if applicable) and benefit continuation. You understand and agree that, in accordance with the ESA, there are circumstances in which you would have no entitlement to notice of termination, termination pay, severance pay or benefit continuation.
You understand and agree that compliance with the minimum requirements of the ESA satisfies any common law or contractual entitlement you may have to notice of termination of your employment, or pay in lieu thereof. You further understand and agree that this provision shall apply to you throughout your employment with the Company, regardless of its duration or any changes to your position or compensation.
Employee found not to have resigned when refusing to work from office, awarded 4.5 months: BC Court
ABC Insurance Solutions wrongfully dismissed one of its former customer service managers, the Supreme Court of British Columbia has ruled. It awarded her four and a half months’ pay in lieu of notice — noting that the termination clause in the employment contract was ambiguous and unenforceable, highlighting critical considerations for employers drafting termination provisions.
86-year-old Scout leader wins back volunteer role after 66 years: Ontario court
In a recent Ontario Superior Court of Justice decision, Justice Calum MacLeod ruled in favor of an 86-year-old volunteer Scouter with Scouts Canada, after the organization chose not to renew his position without following its own policies on volunteer management.
The organization’s decision was “arbitrary, discriminatory and made for an improper purpose,” said MacLeod, who ultimately ruled in favour of Wayne Hannan, finding that Scouts Canada failed to follow its own policies when it terminated Hannan’s role.
Contract with termination clause sent after worker accepted offer deemed invalid without fresh consideration: BC Court.
The Supreme Court of British Columbia’s decision in Sui v. HungryPanda Tech Ltd. highlights a key legal principle: fresh consideration is essential when modifying an employment contract, especially if changes are not in the employee’s favour.
Royal Roads terminates professor for social media posts. Alta arbitrator weighs in.
In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict.
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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