Author: Hicks Morley

Ontario Releases Draft Compensation Restraint Legislation for Consultation

· 2 min read

Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…

Court Pierces Corporate Veil in “Common Employer” Case

· 4 min read

Justice Gray of the Ontario Superior Court recently reviewed the common employer doctrine within the context of a Mareva injunction motion. In Kingston v. GMA Cover Corp., the plaintiffs had been employed by GMA Cover Corp. in Guelph. For tax reasons, the business underwent a complex reorganization and ultimately was acquired by a United States-based trust….

Discipline, Not Termination, More Appropriate in Case of Single Incident of Misconduct

· 4 min read

In a case that has garnered much attention, Barton v. Rona Ontario Inc., the Ontario Superior Court has found that discipline of a managerial employee would have been a more effective sanction than termination where that employee, in a single incident of misconduct, breached the employer’s health and safety rules. At the time of the…

Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter

· 4 min read

Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…

No Duty to Mitigate Where Employment Contract Silent on Mitigation

· 3 min read

The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…

School Board Update

· 27 min read

IN THIS ISSUE Arbitrator Provides Helpful Award in Ontario’s First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissions…

Mandatory Retirement Legislation For Firefighters Introduced (Age 60)

· 6 min read

On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…

Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

· 4 min read

Many Social Services organizations will be negotiating for the renewal of their collective agreements in 2011. Some of our clients have advised us that they have received broad disclosure requests from unions well in advance of actual bargaining. These requests are very similar to requests a number of Social Services organizations received in early 2009….

Ontario Introduces Further Pension Reforms

· 2 min read

On October 19, 2010, the Ontario government introduced Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010. As previously reported, these pension reforms are intended to build on the first phase of reforms, which were passed earlier this year. The government has announced that the Bill 120 reforms would, if passed:…