The Ontario Superior Court recently confirmed that disputes arising from a collective agreement, including allegations of sexual harassment and sexual assault in a unionized workplace, fall within the exclusive jurisdiction of a labour arbitrator and cannot be pursued through a civil action. In De Facendis v. Toronto Parking Authority, the Court held that this regime…
Author: Hicks Morley
Accessibility Standards Canada Publishes Guidelines for COVID-19 and Other Emergencies
On March 11, 2021, Accessibility Standards Canada updated its resources page to provide accessibility guidelines for COVID-19 or other emergencies. These guidelines offer practical information for persons with disabilities, including employees, and employers on a range of topics that are highlighted below. Accessible practices for returning to the workplace addresses accessibility barriers that may exist…
Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision
In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure. Background In June…
Important Updates Regarding Employment Insurance Regular Benefits, Recovery Benefits, and Upcoming CEWS Claim Periods
In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on February 19, 2021, the government announced that it would be introducing regulatory and legislative amendments to increase the number of weeks of benefits available for Employment Insurance (EI) regular benefits, as well as the Canada Recovery Benefit (CRB), the…
Public Input Regarding Exemptions From The Police Record Checks Reform Act, 2015 Requested
On February 10, 2021, the Ontario government published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their…
Federal Government Announces Temporary Waiver of EI Waiting Period
On January 29, 2021, the federal government announced that it will be amending the Employment Insurance (EI) regulations to temporarily waive the one-week waiting period for EI claimants who establish a new claim between January 31, 2021 and September 25, 2021. This change is in response to the ongoing restrictions on businesses arising out of…
Ontario Publishes Updated Tool for Screening Workers
The Ontario government has updated its COVID-19 tool for screening workers before they go to work each day. The “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers),” issued by the Chief Medical Officer of Health, contains several changes of note to employers. These include: a reference to the regulatory screening requirement under O. Reg….
Ontario Court of Appeal Finds Anti-SLAPP Motions Can Apply To Causes of Action Beyond Defamation
The Ontario Court of Appeal recently released two decisions which consider the Strategic Litigation Against Public Participation (SLAPP) provisions of the Courts of Justice Act. The provisions are aimed at discouraging actions that have the harmful effect of chilling individuals and organizations from speaking out on matters of public interest. The first decision of the…
Bill Relating to Daylight Savings Time Passes in Ontario Legislature – Not Yet in Force
On November 30, 2020, Bill 214, Time Amendment Act, 2020, a Private Member’s Bill, received Royal Assent. It has not yet been proclaimed into force. If proclaimed into force, the Bill would amend the Time Act to make the time now called “daylight savings time” the “standard time” year round. In addition, the Bill would…
New Version of Employment Standards Poster is Available
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…