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Susan MacMillan is a Professional Support Lawyer in the Employment & Compensation Group in Toronto. Susan is passionate about exploring new developments in Canadian and global employment law and their implications for employers. Prior to joining Baker McKenzie, Susan had a broad employment law practice at a full-service, national firm. She was also seconded to a Canadian chartered bank as Legal Counsel in the bank’s Employment Law Group. Susan holds an LL.M. from the University of Toronto where her thesis focused on the interaction between seniority rights and the duty to accommodate.

The Ontario Government is abandoning its current method for calculating public holiday pay which came into effect under the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). Employers will need to revert back to the previous calculation method, although this reversal is only temporary. Ontario plans to introduce yet another calculation method following a review of the public holiday system, which is proposed to occur later this year. Continue Reading Ontario Reverts Back to Previous Public Holiday Pay Calculation (For Now)

The Ontario government has passed Bill 3, Pay Transparency Act, 2018. The Act imposes requirements on employers to promote equality of compensation between men and women, and to increase the transparency of information regarding compensation and workforce composition. The Act is set to come into force on January 1, 2019. Continue Reading Pay Transparency Obligations Coming But Not Until January 1, 2019

Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found hereContinue Reading Is Your Dismissed Employee Entitled to a Bonus?

Canada’s national newspaper, The Globe and Mail, recently hosted its Solving Workplace Challenges 2018 conference and followed up with a full page article featuring insights from Chris Burkett’s panel discussion on pressing topics in employment law. See the excerpt below or access the complete article here. Continue Reading Cannabis@Work – The Globe and Mail features Baker McKenzie Partner, Chris Burkett

On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act  (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows: Continue Reading Compliance Check: Do Your Pay Rates Comply with Bill 148?

This is the final article in our three-part series on recent changes to Alberta’s labour and employment legislation. Here we outline changes to Alberta’s occupational health and safety (“OHS”) and workers’ compensation legislation resulting from Bill 30: An Act to Protect the Health and Well-being of Working Albertans. Continue Reading Alberta Strengthens Workplace Safety Legislation

The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Today’s announcement comes on the heels of last week’s budget plan in which the federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers – see here for our article on the proposed federal legislation. Continue Reading Ontario Introducing New Pay Transparency Legislation

The Government of Canada released its 2018 budget plan on February 27, 2018, entitled “Equality and Growth”. The budget plan proposes various initiatives aimed at improving women’s equality in the workforce and addressing the gender wage gap. The budget proposes to implement a new parental leave benefit that is likely to have an impact upon both provincially and federally regulated employers. The budget also proposes changes to the federal pay equity regime and online reporting of pay information filed under the Employment Equity Act. Continue Reading Budget 2018: New Parental Leave Benefit & Pay Equity Regime

A recent decision of the Alberta Court of Appeal adds further confusion to the issue of the enforceability of termination clauses. In Holm v AGAT Laboratories Ltd, 2018 ABCA 23 (“Holm“), the Alberta Court of Appeal (“Court”) held that explicit language must be included in a termination clause to oust an employee’s common law rights. Continue Reading Alberta and Ontario Courts Diverge on Termination Clauses

The Ontario Court of Appeal just released another decision on the interpretation and enforceability of termination clauses – the latest chapter in a less-than-clear set of guidelines. Generally speaking, a properly drafted termination clause can be used to limit an employee’s entitlements on dismissal. Continue Reading Ontario Court of Appeal Weighs in (Again) on Termination Clauses