Changes in Ontario's labor laws are driven by political considerations – and employers pay the price

Jordan Kirkness is a lawyer specializing in labor and employment law at Baker McKenzie in Toronto.

The pendulum swings faster and farther than ever and we all pay the price.

Last week, Ontario Premier Doug Ford introduced Bill 47, which proposes to repeal virtually all of the Workplace Equity Act, 2017, for better jobs. from the previous government (Bill 148). Workers' rights advocates are outraged and many business people seem to be relieved.

Because of Bill 148, Ontario employers have faced significant challenges. Some of the progressive changes of the previous government were predictable: more time off, more paid time off for employees with extended services, and easier access to employee information for unions wanting to organize. But several more fundamental changes presented real difficulties – adding paid leave and equal pay for part-time employees. For many employers, the project to raise the minimum wage by more than 30% in less than three years has proved particularly difficult.

Bill 148 seemed to be dictated by a political calendar. For example, in the new formula for calculating holiday pay, many part-time employees are now entitled to statutory holiday pay. It was surely an oversight. It was corrected six months later with a settlement that reinstated the previous formula, but it illustrates the fact that the legislator acted too quickly, failing to carefully consult the business community and consider the consequences of their proposals before legislating .

As history has shown time and time again, when politics override good public policy, problems turn into a political table tennis game, as was the case with Bill 148. "The party is over," Ford said, and the message of rejecting everything – all the previous government's labor and employment reforms – seemed irresistible. Many employers welcomed this idea, hoping to recover at least some of the cost increases that hurt their bottom line.

But the fact is that most employers will not recover the costs of their Bill 148. The bill forced many employers to make firm commitments. There will be some relief: the repeal of the provisions of the Equal Pay Bill will reduce some costs badociated with temporary and part-time workers, and the Labor Relations Board of Canada. Ontario will spend less time redefining membership in a bargaining unit. However, employers who attempt to reinstate the status quo prior to Bill 148 have a negative impact on workplace morale and risk filing grievances or causing constructive dismissal.

Most employers will be forced to respect their commitments under Bill 148, including a minimum wage of $ 15 per hour, which was to begin on January 1, 2019. The repeal of the draft bill Law 148 will have only very little effect to help employers who: suffer from increased labor costs – at least in the short term.

Businesses, workers and other stakeholders would benefit from a comprehensive review of labor and employment legislation, considering the modern workplace as being affected by technology and globalization. The previous government purported to do so, but the changes were fragmented and ultimately failed to address some of the most pressing issues, such as clarifying the degree to which freelancers – so prevalent in "the entertainment economy – have the right to minimum employment standards, or the question of whether employees have the "right to disconnect" their mobile devices outside working hours (as recently legislated in France).

To carry out a comprehensive review of labor and employment legislation, our legislature must engage in a real debate and a fair compromise. If our legislators could truly commit to key issues before pbading their bills – balancing equitable employment standards and promoting economic prosperity – we could make significant progress and avoid the unnecessary costs of legislative change. dramatic become commonplace.

What is unfortunate in the current political environment is that it forces legislators to neglect practical compromises. For example, a clear definition of the term "related employer" within the meaning of the Employment Standards Act could protect against the involuntary circumvention of employment standards, while providing employers with clear indications of the possibility of being solidarily liable for breaches of employment standards in workplaces or in projects involving several companies. And with respect to sick leave, a more balanced set of rules for employers to apply for doctor's notes would help to prevent misuse (without overburdening our health service providers).

Ontario employers are suffering from a political lash. They look forward to the day when lawmakers will not simply seek to win the popular vote at all costs, but will seek to understand the merits of their opponents' point of view, to find a genuine compromise and to properly deal with real and emerging issues. in a working environment. . In this way we can avoid the exorbitant costs of the current political climate – a climate of dialogue with each other and not to see the picture as a whole.

Perhaps then we will be able to strike a balance between workers' rights and economic prosperity.