Latest Insights

Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In

By: Lisa M. Kwasek

In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…

Ontario Consulting on ESA Exemptions

By: Paul E. Broad, Elizabeth D. Winter

On October 18, 2017, the Ontario government announced that it would be conducting consultations on a range of exemptions under the Employment Standards Act, 2000, including key exemptions that apply to managers and supervisors, as well as to IT professionals. Submissions are due by December 1st, and employers should consider whether to participate in this important undertaking that could significantly impact your operations.

Ontario Seeking Input on Occupations Exempted Under ESA

By: Elizabeth D. Winter

As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…

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Latest Announcements

Jordan Fremont Quoted in Benefits Canada on the Target-Benefits Pension Bill

Benefits Canada quoted Hicks Morley’s Jordan Fremont in an October 10, 2017 article titled “Can the Feds Overcome Labour Opposition to Pass Target-Benefit Pension Bill?” The article outlines three common myths about target-benefit plans including the risk and uncertainty for employees and pensioners, to which Jordan notes, “the extent to which [defined benefits] are guaranteed ultimately depends on the wherewithal of the funds and, where the fund isn’t sufficient, the financial stability of the sponsor.”

Benefits Canada Publishes an Article by Thomas Agnew on Termination in Employment Contracts

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employers Given Mixed Messages on Termination in Employment Contracts.” Employment contracts often contain clauses limiting an employee’s entitlement upon termination to the minimum entitlements under the Employment Standards Act or any other amount the employer and employee have agreed to. However, if the clauses violate the act in any way, courts may not enforce them.

The International Employment Law Update from Taylor Vinters Features Article by Amanda Hunter

The October 2017 issue of the International Employment Law Update features an article by Hicks Morley’s Amanda Hunter, titled “Canada: Is This the End of the Flexible Workforce in Ontario?” This article explains the impact that Bill 148 will have on the use of casual and temporary employees, workers and independent contracts, if passed.

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