Author: Hicks Morley

WSIB to Add New Classification Applicable to Temporary Employment Agencies

· 2 min read

A recent amendment to the Workplace Safety and Insurance Act, 1997 regulations has resulted in the creation of a new Workplace Safety and Insurance Board (WSIB) classification which will allow temporary employment agencies (TEAs) to report the supply of administrative, clerical and knowledge-based labour under one classification for premium-setting purposes. This new classification will take…

Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs

· 6 min read

In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…

Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

· 3 min read

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…

Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional

· 7 min read

The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…

Ontario Court Grants Injunction to End Encampment at University of Toronto

· 3 min read

The Ontario Superior Court of Justice has granted an interlocutory injunction to end an encampment on the University of Toronto’s Front Campus. The Court found that the University’s Governing Council, as the property owner, has the ultimate right to determine the land’s use. In obiter, the Court also reiterated that the Charter does not apply…

Federal Pay Equity Commissioner May Now Impose Monetary Penalties for Violations of the Pay Equity Act

· 2 min read

Recent amendments to the federal Pay Equity Act (PEA) regulations establish a framework for the imposition of administrative monetary penalties (AMPs) for violations of the PEA. This is a significant development that may result in an employer being penalized if it fails to comply with its obligations, including the requirement to establish a pay equity…

Information and Privacy Commissioner of Ontario Releases Guidance on Information-Sharing in Situations of Intimate Partner Violence

· 2 min read

In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV). The Guidance is helpful for organizations, service providers and staff…

Court Stays Employee Misclassification Class Action in Favour of Arbitration

· 5 min read

In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…

Update on Federal Pay Equity Plan Posting Extension Requests

· 2 min read

As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…