On August 30, 2018, the government of Ontario announced that as of January 1, 2019, all universities and publicly-assisted colleges will be required to have a free speech policy that meets a minimum standard specified by the government…
Author: Hicks Morley
Arbitrator Finds Nurse Not Entitled to Compensation for Time Spent Attending Re-Certification Testing
A recent arbitral decision, South Bruce Grey Health Centre v. Ontario Nurses’ Association, clarifies the issue of compensation for re-certification under the centrally negotiated ONA Collective Agreement with the Participating Hospitals. The two grievances raised the issue of “whether a nurse is entitled to compensation for attending testing for the purposes of re-certification required by the Hospital”.
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
BPS Executive Compensation – New Framework Takes Immediate Effect
On August 13, 2018, the Ontario government implemented a new Compensation Framework (New Framework) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA) that came into immediate effect.
The First Bill 148 Cases: Overview of Key New ESA Decisions
It has now been 7 months since Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was enacted and cases are beginning to emerge which interpret the new provisions of the Employment Standards Act, 2000 (ESA). In this Minimum Standards Monitor, we review some decisions of particular interest to employers which involve the new personal emergency leave (PEL) requirements, the equal pay for equal work provisions and the new minimum wage entitlements.
Coming Into Force Date of New Smoke-Free Ontario Act, 2017 Postponed
As we previously reported, the new Smoke-Free Ontario Act, 2017 (SFOA) was to come into force on July 1, 2018. That coming into force date has been postponed indefinitely to give the new government an opportunity to review the new regulations related to vaping…
A Changing Legislative Landscape
Welcome to the latest issue of our Federal Post. In this issue we discuss: best practices for minimizing the risk of workplace sexual harassment, the new prohibition on use of vaping products in federally regulated workplaces, latest developments on the serious sanctions under the Canada Labour Code (Code) and the Criminal Code for health and safety violations, being proactive about Code compliance in light of the incoming power of the Minister of Labour to order an employer to perform an internal audit – see our Code “Compliance Checklist”
Introducing HR HealthCheck – Nurses and Presumptive PTSD Entitlement
Welcome to our first edition of HR HealthCheck, a publication geared to issues of specific interest of our clients in the healthcare sector. We hope you find the information set out below on the new presumptive entitlement for nurses who experience post-traumatic stress disorder (PTSD) helpful and informative. We look forward to bringing you more updates in the future.
Cannabis Act In Force October 17, 2018: Preparing Your Workplace
On June 19, 2018, the Senate passed Bill C-45, the Cannabis Act (Federal Act), which legalizes the consumption of recreational cannabis across Canada. The federal government has announced October 17, 2018 as the date it comes into force. Learn more about the new legislation and next steps for employers in this FTR Now.
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.