Author: Hicks Morley

Ontario Seeks Comments on Proposed New Funding Rules for PBGF Assessments

· 2 min read

Much anticipated proposed regulatory amendments respecting the formula for calculating Pension Benefits Guarantee Fund (PBGF) assessments were published by the Ontario government on January 19, 2018 (Proposed Regulations).  With unproclaimed amendments to the Pension Benefits Act (Ontario) set to enhance PBGF protection by increasing the guarantee from $1,000/month to $1,500/month, the proposed changes to the PBGF assessment formula are intended to maintain the viability of the PBGF.

Planning to Give Notice of Mass Termination under the ESA? What Employers Should Know

· 3 min read

In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.

Changes to the WSIB’s Annual Indexing: Are You Prepared?

· 5 min read

Effective January 1, 2018, the Workplace Safety and Insurance Board (WSIB) will utilize a single indexing factor to calculate the annual adjustment to all indexed benefits and the legislated amounts as a result of recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA). To support the implementation of these changes, the WSIB has developed a new policy (18-01-14 Annual Indexing) and revised several existing benefit payment policies. Learn more in this FTR Now.

Can Workplace Discrimination Arise Out of a “Non-Traditional” Employment Relationship? The Supreme Court of Canada Says “Yes”

· 4 min read

In a recent decision, the Supreme Court of Canada held that workplace discrimination can be perpetrated by someone other than the complainant’s employer or superior. Accordingly, employers should be aware that they may be responsible for discrimination against workers who are not their employees, where a “sufficient nexus” exists between a complainant and a respondent in the employment context. Learn more in this FTR Now.

FTR Quarterly – Issue 8

· 12 min read

In This Issue 10 Top Developments in Human Resources Law in 2017 The Road Ahead: Key 2018 Implementation Dates Cross-Border Expertise Featured Articles 10 Top Developments in Human Resources Law in 2017 By: Amanda Lawrence-Patel 2017 was quite a year for news – with harassment revelations that have rocked institutions across North America, a new…

Raising the Bar – Sixteenth Edition

· 14 min read

In this edition, we bring you quick summaries of key cases relating to limits on partial summary judgment, the importance of pleadings and the issues raised by inadvertent disclosure of privileged documents.