Newsletter – December 2024

According to a report by CBC, Ontario workers are owed tens of millions of dollars in unpaid wages that the provincial government has yet to collect from employers. Government records reveal that between 2017 and 2024, approximately $60 million in unpaid wages remained uncollected. This includes wages owed due to violations like improper payroll practices.

Despite government claims of increased enforcement and tougher penalties, worker advocates argue that wage theft remains a significant issue. While the government has introduced measures like increased fines and improved enforcement mechanisms, critics argue that these efforts are insufficient to deter wage theft. They emphasize the need for proactive inspections and investigations to identify and address systemic issues in workplaces.

The problem is particularly prevalent in industries like gig work, truck driving, cleaning, construction, and healthcare, and among workers with precarious immigration status.

Source

On November 8, 2024, Manitoba’s Bill 37, The Budget Implementation and Tax Statutes Amendment Act, 2024 and Bill 9, The Employment Standards Code Amendment Act, received Royal Assent and came into force. Bills 37 and 9 amend Manitoba’s Labour Relations Act (LRA) and The Employment Standards Code (ESC), respectively.

Key Changes:

• Simplified Union Certification: The process for union certification has been streamlined, with automatic certification for unions securing support from over 50% of employees.
• Restrictions on Replacement Workers: The use of replacement workers during lockouts or strikes has been significantly limited.
• Enhanced Job Protection for Serious Illness or Injury: Long-term leave for serious illness or injury has been extended from 17 to 27 weeks, aligning with federal standards (more on that in the next news item).

These changes are expected to have a significant impact on workplace relations and employee rights in Manitoba. Employers should review their policies and practices to ensure compliance with the new regulations.

As of November 8, 2024, Manitoba workers now have greater job protection for serious illness or injury. The provincial government has extended long-term leave from 17 to 27 weeks, aligning with federal changes to employment standards.

Employees who have worked for the same employer for at least 90 days and have a serious injury or illness that prevents them from being at work for at least two weeks are entitled to the leave.

Eligible employees are entitled to take long-term leave for serious injury or illness for up to 27 weeks in a 52-week period. The leave must be taken in one continuous period unless the employer and employee agree to a different arrangement. 

For an employee to be eligible for the leave, a physician must issue a certificate with evidence to verify that the employee is expected to be incapable of being at work for at least two weeks due to a serious illness or injury.

This change ensures that workers can focus on their health and recovery without fear of losing their jobs. The extended leave period provides additional time for medical treatment and rehabilitation, ultimately leading to a faster and more complete recovery.

Learn more

Manitoba’s recent amendments to its Labour Relations Act (LRA) and Employment Standards Code (ESC), which came into effect on November 8, 2024, have far-reaching implications for employers and unions in the province. Under these changes, employers are now prohibited from using replacement workers during a lockout or legal strike. This ban applies to:

• Workers hired after a notice to commence collective bargaining is issued,
• Employees transferred from other workplaces post-notice, and
• Individuals supplied by external contractors.

There are limited exceptions to this ban. According to the legislation:

• Managers or confidential labour relations personnel already employed before the notice date may continue their duties.
• Replacement workers may be used to address emergencies involving threats to life, health, safety, or serious property or environmental damage, but only if no alternative means are available.

The amendments also introduce a streamlined process for union certification, making it easier for unions to gain recognition. Unions that secure support from more than 50% of employees now qualify for automatic certification.

The legislation mandates that essential services must continue during lockouts or strikes. Employers and unions are required to negotiate essential services agreements to ensure the uninterrupted provision of critical services during labour disputes.

These amendments represent a significant shift in Manitoba’s labour relations framework. Employers should carefully review their practices to ensure compliance with the new requirements.

The Stronger Workplaces for Nova Scotia Act has officially received royal assent and includes staggered implementation dates for its provisions. This legislation introduces a range of measures aimed at improving workplace safety, modernizing workers’ compensation, and enhancing employee well-being.

Highlights of the Changes

1. Workers’ Compensation Modernization

• Collaborative Return-to-Work Processes: Employers and employees are now required to work together on structured, safe return-to-work plans after workplace injuries or illnesses.
• Compliance Penalties: A new framework introduces penalties for employers or workers who fail to meet their return-to-work obligations.

2. Workplace Harassment Prevention

• Comprehensive Policies: Employers must develop and enforce workplace harassment policies addressing both physical and psychological safety.
• Psychological Health Focus: This new emphasis ensures mental well-being is treated as a core component of workplace safety.

3. Enhanced Leave Entitlements

• Unpaid Sick Days: Employees are now entitled to five unpaid sick days annually for general illness.
• Severe Illness Leave: A new 27-week unpaid leave is available for employees managing severe illnesses or injuries, aligning with federal Employment Insurance sickness benefits.

What This Means for Employers

Employers across Nova Scotia will need to adjust their policies and practices to comply with these updates, which reflect a broader shift toward modern workplace standards. Key actions include:

• Updating workplace harassment and safety policies.
• Collaborating with employees on return-to-work plans.
• Communicating new leave entitlements to staff.
• Reviewing the implementation schedule carefully to ensure timely compliance.

These changes are set to come into effect in phases, with some provisions already in effect and others taking effect as early as January 2025. For further details and the implementation schedule, you can consult the full text of the legislation here.

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