There have been many changes in the temporary help business over the last several years, particularly in Ontario where we saw major changes to the Employment Standards Act that now imposes significant obligations on temporary help agencies when contracting out temporary help. Also, the growing acceptance of “co-employer” status among courts and tribunals means that temporary agencies are more often being brought into union certification applications, wrongful dismissal actions, human rights complaints and OHSA prosecutions where claims of employer or “co-employer” status are made. Add to this the challenge of clients who suddenly decide to remove temporary employees from the workplace, employment agencies can be vulnerable to claims of discrimination and wrongful dismissal.
CCPartners represents temporary and permanent employment agencies in all areas of labour and employment law. In addition, we have experience drafting employment agreements for temporary and permanent placements as well as contracts between temporary agencies and their clients.