The Ontario Superior Court recently considered the deductibility of short term disability (“STD”) and long-term disability (“LTD”) benefits from a notice award. It concluded that STD benefits could be deducted because the benefits were provided as salary continuance, the plaintiff had not contributed directly to their cost and the cost was absorbed by the employer…
Author: Hicks Morley
Discharge for Posting Disparaging Comments about Co-Worker on Facebook Upheld by Arbitrator
An arbitrator recently upheld the dismissal of a three and one-half year employee who had posted humiliating and threatening comments about a co-worker on Facebook. Among other things, she found that the grievor’s actions, while done off-duty, created a poisoned work environment. In so finding, the arbitrator considered the employer’s workplace violence and harassment policy….
Ontario Re-Introduces Education Act amendments in New Child Care Oversight Bill (Formerly Bill 143)
On July 10, 2014, the Ontario government re-introduced omnibus legislation that would substantially reform the education system in Ontario. If passed, Bill 10, the Child Care Modernization Act, 2014, would enact the Child Care and Early Years Act, 2014, amend the Education Act and the Early Childhood Educators Act, 2007, and repeal the Day Nurseries…
Ontario Human Rights Commission Releases New Policy on Mental Disabilities and Addictions
One of the most significant challenges facing employers today involves identifying, managing and accommodating mental health and addiction issues in the workplace. In June 2014, the Ontario Human Rights Commission (“the Commission”) issued a new policy dealing with this issue. The new policy, entitled Policy on preventing discrimination based on mental health disabilities and addictions,…
Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, identified in the government’s press release would, among other matters: authorize the government to directly control compensation of senior executives in the BPS by…
Education Act Regulatory Amendments Filed (Full Day Junior Kindergarten/Kindergarten and Extended Day/Third Party Programs)
O. Reg. 137/14 (Full Day Junior Kindergarten and Kindergarten), amending O. Reg. 224/10 made under the Education Act, was filed on June 26, 2014. O. Reg. 137/14 adds a definition of “French immersion” and sets out specific circumstances in which a board is not required to operate full day junior kindergarten or full day kindergarten. O….
Amendments Made to Federal Occupational Health and Safety Regulations
The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…
Government Employees Compensation Act Third Party Claim Amendments in Force as of June 13, 2014
The federal government has fixed June 13, 2014 as the date that Division 20 of Part 4 of the Jobs, Growth and Long-term Prosperity Act (“Act”) comes into force. Among other things, Division 20 of Part 4 of the Act amends the Government Employees Compensation Act (“GECA”) with respect to the administration of third party claims by…
CASL Regulations Amended
On May 28, 2014, Regulations Amending the Electronic Commerce Protection Regulations (CRTC) (“Regulations”) were registered and came into force. The Regulations amend the Electronic Commerce Protection Regulations (CRTC) made under Canada’s Anti-spam legislation (“CASL”), to provide that section 5 of the Electronic Commerce Protection Regulations (CRTC) (“Specified Functions of Computer Programs”) comes into effect on…
Canada Labour Code Health and Safety Amendments to Come into Force on October 31, 2014
The federal government has fixed October 31, 2014 as the date that Division 5 of Part 3 of the federal Economic Action Plan 2013 Act, No. 2 will come into force. Division 5 of Part 3 of the Act amends the Canada Labour Code (“Code”) and makes consequential amendments to other statutes to align them with these changes….