Changing Workplaces Review

Special Advisory Interim Report

The Changing Workplaces Review – Special Advisory Committee has completed their interim report. After hearing from the Employer and Employee groups, we were expecting a list of recommendations on the changes to the Labour Relations Act, 1996 and the Employment Standards Act, 2000, however, the report doesn’t recommend exact changes but rather proposes options for consideration. The Special Advisory Committee feels they need more input from Employer and Employee groups before making recommendations. The new deadline for submissions is October 31, 2016 with the exception of Personal Emergency Leave whereas the deadline will be August 31, 2016. SRG encourages our clients to take this opportunity to express their opinions and concerns on the elements outlined as many have the potential to impose significant impacts on how our daily operations are conducted.

Outlined below are the elements on which the Special Advisory Committee is seeking additional input from the Employer and Employee groups. These are taken from the Ontario Ministry of Labour Website.

Chapter 4 (Labour Relations Act, 1995):

  • related and joint employer issues including temporary help agencies and franchise operations (section 4.2.2);
  • broader-based and sectoral bargaining options (section 4.6.1);
  • options to change the remedial certification rules (section 4.3.1.5);
  • access to employee lists (section 4.3.1.3);
  • variation and consolidation of bargaining units (section 4.3.4);
  • administrative penalties and procedures (section 4.5.3); and
  • Employee voice options (section 4.6.2).

Chapter 5 (Employment Standards Act, 2000):

  • definition of employee (section 5.2.1);
  • who is the employer and scope of liability (section 5.2.2);
  • exemptions and the possible recommendation for a new exemption process set out in the options (section 5.2.3);
  • hours of work and overtime pay options (section 5.3.1);
  • scheduling (section 5.3.2);
  • options to change public holiday pay calculations (section 5.3.3.1);
  • personal emergency leave and paid sick days (sections 5.3.4 and 5.3.5);
  • part-time and temporary work – wages and benefits (section 5.3.7);
  • temporary help agencies (section 5.3.9);
  • just cause for termination (section 5.3.8.3);
  • other standards and requirements, including written agreements between employers and employees and pay periods (sections 5.4.2 and 5.4.3); and
  • Enforcement and administration of the ESA, including strategic enforcement, internal responsibility, changes to administrative penalties and procedures, onus of proof and procedure and access to justice (section 5.5).
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