In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Safe Sport
Becoming a Program Signatory to the SDRCC/OSIC
· 7 min readIntroduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…
Federal Post
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Reaching Out
Summer 2024 Updates for Social Services Employers
· 10 min readDear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Federal Post
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….
Human Resources Legislative Update
On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received Royal Assent. Our FTR Now of that date provided an overview of this legislation. A number of the amendments to the Employment Standards Act, 2000 (ESA) contained in Bill 149 take effect June 21, 2024 and are outlined below. Effective June 21, 2024:…
FTR Now
Readers are reminded that the new licensing regime for temporary help agencies (THAs) and recruiters operating in Ontario will take effect July 1, 2024. If you operate as a THA or recruiter, or if you use the services of THAs or recruiters, please read on. If you are doing business in Ontario as a THA…
Common Ground? Class Action Updates
In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…
Human Resources Legislative Update
As discussed in our February 28, 2024 FTR Now, on February 26, 2024 the Ontario government introduced Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166). Bill 166 received Royal Assent on May 16, 2024. Policy Requirements Bill 166 amends the Ministry of Training, Colleges and Universities Act (Act) to require every college…
Human Resources Legislative Update
The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…