NEWS OF THE MONTH
Important Update: Revised Termination Policy for Ontario Employers [NEW Policy Inside]
The Ontario Court of Appeal recently reaffirmed in Dufault v. Ignace (Township) that the language used in termination clauses can significantly impact their enforceability. The court ruled that if a termination clause does not comply with the minimum standards set by the Employment Standards Act, 2000 (ESA), it may be deemed invalid—even if the termination itself was conducted properly. This decision builds on the precedent set in Waksdale v. Swegon North America Inc., which established that a single non-compliant termination clause can render all termination clauses in an employment agreement unenforceable.
These rulings underscore the critical importance of ensuring that termination policies and employment agreements are drafted with precise, ESA-compliant language.nd financial risks.
What You Need to Do:
To help you stay compliant and safeguard your business, we’ve updated our Termination Policy to reflect these legal developments. If you’re in Ontario, please:
- Click here to download the updated Termination Policy.
- Replace your existing termination policy in your core policy manual with the new version.
If you need assistance with this update, our team is here to help! Don’t hesitate to reach out to us for support at service@hrcovered.com.
Why This Matters:
The recent court decision emphasizes that even minor deviations from ESA standards can have serious consequences, including unenforceable termination clauses and potential liability for wrongful dismissal claims. By updating your policy now, you’re taking a proactive step to help protect your organization from legal and financial risks.
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Federal News
CRA to Lay Off Around 600 Temporary Workers
The federal government says it came down hard on employers violating the Temporary Foreign Worker (TFW) program, in 2024. From April to September, Employment and Social Development Canada issued $2.1 million in fines, over twice the amount from the same period in 2023, and banned 20 employers—five times more than the previous year.
One farming employer faced a $75,000 fine and a five-year ban for documentation failures and non-compliance with inspections.
Key measures included:
- 649 inspections conducted, with 11% non-compliance.
- Stricter Labour Market Impact Assessment (LMIA) oversight, including restrictions in areas with unemployment over 6%.
- Reduced TFW caps in hospitality, food service, and manufacturing sectors, though seasonal agricultural workers remained exempt.
The government continues to enhance compliance to ensure fair treatment and proper use of the TFW system.
Toronto Airport Ranked One of Canada’s Best Employers
Toronto Pearson International Airport has received mixed reviews in various rankings over the years, often centered around flight delays and passenger experience. However, it has recently been recognized for a completely different achievement.
Forbes has named Canada’s largest airport as one of the country’s top workplaces, joining several other Ontario-based companies on the list.
The Greater Toronto Airports Authority (GTAA), which manages Pearson, secured the 107th spot on Forbes’ 2025 list of Canada’s 300 Best Employers. It also earned second place in the Transportation and Logistics category.
PROVINCIAL NEWS
Ontario
Ontario’s Sixth Working for Workers Act Receives Royal Assent
The Ontario government has passed its sixth “Working for Workers” Act, introducing a range of measures aimed at improving worker safety, boosting benefits, and attracting more workers to the province.
Key provisions of the new legislation include:
- Enhanced Roadside Worker Safety: Expanded requirements for drivers to slow down and move over for vehicles with flashing amber lights, prioritizing the safety of roadside workers.
- Expanded Parental Leave: Introduced new parental leave options for parents through adoption and surrogacy, providing greater flexibility and support.
- Improved Cancer Coverage: Enhanced cancer coverage for firefighters and investigators, including lowering the required duration of service for kidney cancer care.
- Investing in Worker Training: Allocated $1.4 billion to train over one million workers and attract more healthcare workers through expanded immigration pathways.
- Cost Reductions for Workers and Businesses: Reduced WSIB premiums and waived fees for apprentices taking their first certification exam.
- Combating Exploitation of Newcomers: Introduced new standards for immigration representatives and penalties for those who violate them.
Ontario
Ontario Trucking Associations Push for Safety, Compliance Reforms in Talks With Government
A coalition of trucking associations is urging Ontario’s government to address road safety, driver training, and compliance issues, citing risks to public safety and professionalism.
In a December meeting with Ministers Prabmeet Sarkaria and David Piccini, the coalition proposed measures such as 24/7 truck inspections, stricter oversight of training schools, enhanced Class A licensing, and targeted enforcement on misclassification.
Long-term goals include automated speed enforcement, eliminating the satisfactory-unaudited safety rating, and reforms to insurance and immigrant labour protections. The coalition plans to meet quarterly with officials to monitor progress.
Alberta
Alberta’s New Workplace Violence and Harassment Policy Changes
Starting March 31, 2025, Alberta’s Occupational Health and Safety Code will require employers to implement a consolidated workplace violence and harassment prevention plan. This replaces the previous requirement for separate plans, simplifying compliance.
Key changes include:
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- Consolidated Prevention Plan: Employers must develop and implement a single, unified violence and harassment prevention plan. This plan must include:
- Measures to eliminate or control violence and harassment hazards.
- Procedures to inform workers about the nature and extent of these hazards.
- Processes for reporting and investigating incidents.
- Provisions to protect the confidentiality of those involved.
- Reduced Administrative Burden: Previously, employers were required to maintain separate violence and harassment prevention plans, each with its own policy and procedures. The new amendments consolidate these into one document, reducing duplication and making compliance easier, especially for employers operating across multiple provinces.
- Consolidated Prevention Plan: Employers must develop and implement a single, unified violence and harassment prevention plan. This plan must include:
- Simplified Review Process: Employers must review the consolidated plan every three years or when:
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- An incident indicates a review is necessary (not after every incident, as previously required).
- There are changes to the work or workplace that could increase the risk of violence or harassment.
- Compliance Deadline: Employers must ensure their policies comply with the new requirements by March 31, 2025. Non-compliance could result in:
- Investigations by occupational health and safety (OHS) officers.
- Stop-work orders.
- Administrative penalties of up to $10,000 per incident.
Action Steps for Employers:
- Review the new requirements and update your workplace violence and harassment prevention policies accordingly.
- Ensure your consolidated plan meets the updated standards before the March 31 deadline.
- Seek legal or HR guidance if needed to ensure compliance and avoid penalties.
These changes aim to streamline compliance while maintaining strong protections for workers, making it easier for employers to manage workplace safety effectively.
Alberta
Alberta Government Offers Blueprint to Help Businesses Support Workers in Recovery
The Alberta government has unveiled a guide to help businesses support employees recovering from addiction, aiming to reduce stigma, foster recovery-focused practices, and encourage workers to seek help.
Mental Health and Addictions Minister Dan Williams highlighted that 10% of Alberta employees have faced substance use issues. The guide, released with the Canadian Centre of Recovery Excellence, estimates employers could save $8,500 annually per employee with recovery-friendly policies.
The initiative addresses challenges in workplaces lacking support, as illustrated by a tragic case of a worker who relapsed and died. The program emphasizes recovery as not just overcoming addiction but building a meaningful life.
Britsh Columbia
BC Man Fights for Lost Wages After Being Fired Without Cause
Jake Carter, a BC man fired without cause by Veteran Express Secure Logistics (VEXSL), sought $5,000 in severance pay through the BC Civil Resolution Tribunal. Carter argued he was contractually entitled to six weeks’ notice or equivalent wages.
VEXSL claimed Carter was owed only four weeks’ wages and withheld additional payments pending a signed release. Carter rejected the release terms, citing concerns about indemnity clauses.
The tribunal found VEXSL breached the employment agreement by firing Carter without proper notice. It ruled Carter was entitled to additional compensation, ordering VEXSL to pay $3,500.90, covering lost wages, damages, and tribunal fees.
Saskatchewan
Saskatchewan Sets Record Employment Levels in 2024 with 14,000 New Jobs
Saskatchewan’s economy set new employment records in 2024, creating 14,000 jobs and achieving an all-time high of 606,200 employed residents. Statistics Canada reported an annual unemployment rate of 5.5%, the third lowest in Canada and well below the national average of 6.7%.
Deputy Premier Jim Reiter credited the job growth to a strong economy and favourable conditions for businesses, emphasizing the province’s focus on healthcare and education to sustain growth.
Saskatoon led the way, adding 12,100 jobs in December—a 6.1% year-over-year increase. Key sectors with notable job gains included:
- Health care and social assistance: +11,200 jobs (12.7%)
- Construction: +6,000 jobs (14.3%)
- Forestry, fishing, mining, oil, and gas: +2,500 jobs (12.1%)
Female employment also hit a record high of 286,600, growing by 3.2%.
The province aims to support this momentum with expanded health care and education access to attract more residents and workers.
Newfoundland and Labrador
Non-Existent Office Supplies and Unpaid Invoices — Newfoundland Design Firm Alleges Accountant Defrauded the Company
The Supreme Court of Newfoundland and Labrador has ruled that Craig Williams, a former accountant for Dc Design House Inc., must repay the company $113,048.51 after allegations of fraudulent activity.
The Supreme Court of Newfoundland and Labrador has ruled that Craig Williams, a former accountant for Dc Design House Inc., must repay the company $113,048.51 after allegations of fraudulent activity.
According to court documents, Williams, employed as a financial administrator from November 2023 to July 2024, allegedly misappropriated funds by:
- Issuing duplicate payroll payments to himself.
- Making unauthorized transfers to his personal bank accounts and credit cards.
- Faking vendor payments and redirecting funds to his personal accounts.
- Fraudulently reimbursing himself for office supplies that were never purchased.
Williams did not file a defense, and the claims remain unproven in court.
Dc Design CEO Don-E Coady called the ruling a step toward justice, urging businesses to trust their instincts and seek second opinions when things seem off.
The case underscores the importance of rigorous financial oversight to protect businesses from internal fraud.
Nova Scotia
New Study Ranks Nova Scotia as the Third Safest Province to Work In
A study conducted by Preszler Injury Lawyers has identified Nova Scotia as one of the three safest provinces for workers in Canada, based on 2022 workplace injury statistics. The province ranked third in safety, with 1,048.63 lost-time claims per 100,000 workers reported during that year.
In contrast, Quebec was determined to be the most hazardous province for workers, recording 2,609.54 lost-time claims per 100,000 employees. Other provinces with higher injury rates included British Columbia, Manitoba, Alberta, and Saskatchewan.
Neighboring New Brunswick outperformed Nova Scotia in workplace safety, achieving the distinction of being the safest province with just 933.62 lost-time claims per 100,000 workers.
Minimum Wage in Canada by
Province/Territory (2024)
British Columbia: $17.40 per hour, which has been in effect since June 1, 2024. For live-in camp leaders, the daily rate for each day or part day worked is $133.69. For live-in home support workers, the current daily rate is $124.73 per day or part day worked. The minimum wage for resident caretakers is a monthly wage based on the number of suites in the building: $1002.53 per month plus $40.17 for each suite for a building with 9 to 60 residential suites / $3414.85 per month for a building with 61 or more residential suites. Gig workers using app-based services will earn a minimum wage of $20.88 per hour starting September 3, 2024.
Federal Minimum Wage: $17.30 per hour, which has been in effect since April 1, 2024.
Manitoba: $15.80 per hour, which has been in effect since Oct. 1, 2024.
New Brunswick: $15.30 per hour, which has been in effect since April 1, 2024.
Newfoundland and Labrador: $15.60 per hour, which has been in effect since April 1, 2024.
Northwest Territories: $16.70 per hour, which has been in effect since Sep. 1, 2024.
Nova Scotia: $15.20 per hour, which has been in effect since April 1, 2024.
Nunavut: $19 per hour, which has been in effect since January 1, 2024.
Ontario: $17.20, which has been in effect since October 1, 2024. The special minimum wage rates are as follows:
- $16.20 per hour for students under the age of 18 who work 28 hours a week or less when school is in session or work during a school break or summer holidays.
- $18.90 per hour for homeworkers (those who do paid work out of their own homes for employers).
- Hunting, fishing, and wilderness guides earn $86 per day when working less than five consecutive hours in a day and $172.05 per day when working five or more hours in a day.
Prince Edward Island: $16 per hour, which has been in effect since October 1, 2024.
Quebec: $15.75 per hour, which has been in effect since May 1, 2024.
Saskatchewan: $15 per hour, which has been in effect since October 1, 2024.
Yukon: $17.59 per hour, which has been in effect since April 1, 2024.
Plan Ahead with Confidence:
Holiday List 2025
We get it—keeping track of statutory holidays can be a bit of a headache when you’re juggling everything else. To make things easier, we’ve put together a complete list of next year’s holidays for you.
Case Study: Impact of Consideration in Employment Agreements and the Potential Consequences of Initial Offer Letters
It also highlights the dangers of an “initial offer letter/email” when the offer does not contain all necessary information from the employment agreement, but does contain a clear and unequivocal offer of employment and therefore forms a binding contract on its own.
Read on for key takeaways to protect your organization from similar pitfalls.
Webinar Recordings
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Words from our Happy Clients
Client Spotlight: CNC Automation
We’re thrilled to share a video testimonial from CNC Automation. Watch the video to know how we’ve helped them overcome HR challenges and achieve their goals.
