In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.
Author: Hicks Morley
Arbitrator Considers “Preference to Full-Time” in Support Staff CBA
In an award released June 29, 2016, George Brown College and OPSEU Local 557, Arbitrator Stephen Raymond considered the obligation in Article 1.2 of the Support Staff Collective Agreement to “give preference to full-time over part-time assignments.”
Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract
In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…
Reaching Out – Eleventh Edition
In this Issue: The Human Rights Tribunal rules that a man’s goatee is not protected by the Ontario Human Rights Code, WSIB and Mental Stress Claims and more…
ESA and AODA Changes Employers Should Note
Employers should be aware of recent changes related to the Employment Standards Act, 2000 (ESA) – a new Hours of Work and Overtime Pay…
CPP Expansion and the (Likely) Demise of Ontario’s Provincial Pension Plan
On June 20, 2016, following a highly anticipated meeting between the federal, provincial and territorial Ministers of Finance…
Third Round of Ontario Temporary Solvency Funding Relief for DB Pension Plans is Now in Force July 1, 2016
Following the release last month of draft Regulations, the Ontario government has now adopted amendments…
WSIAT Finds WSIB’s Fatal Claim Premium Adjustment Policy Contrary to WSIA
In a recent decision, the majority of a Workplace Safety and Insurance Tribunal (Tribunal) Panel ruled that the WSIB’s Fatal…
Appellate Court Upholds Significant Remedy Decision of the Human Rights Tribunal of Ontario
A decision of the Human Rights Tribunal of Ontario (Tribunal) which ordered reinstatement and back wages for an employee who had been…
FTR Quarterly – 2016, Issue 1
In this issue: “Conducting a Benefits Plan Governance Health Check” and “Preparing for the ORPP”