Federal Court Dismisses $2.5 Billion Class Action Alleging Systemic Anti-Black Racism in Federal Public Service Hiring Decisions and Promotional Opportunities

The Federal Court of Canada determined a class action that sought to address alleged systemic anti-Black racism and discrimination simply did not meet the procedural criteria to certify the action as a class proceeding. In this Common Ground, Hicks Morley’s Sean Reginio and Eleanor Vaughan examine the Court’s analysis.

Federal Government Launches Consultation on Draft Regulations Related to Equal Pay Under the Canada Labour Code

The federal government published new draft regulations regarding prohibiting employers from paying different wage rates to employees based on employment status. In this Federal Post, Hicks Morley’s Paul Broad shares details of the draft regulations.

Highlights from the Federal Government’s 2024 Fall Economic Statement

On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…

Comedy and Satire: Human Rights Considerations in the Writing Room

While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…

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

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…

Update on Federal Pay Equity Plan Posting Extension Requests

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…

Federal Government Consulting on Modernization of Employment Equity Act

The federal government has announced a “Consultation on the Employment Equity Act Modernization” (Consultation) further to the final report (Final Report) tabled by the Employment Equity Act Review Task Force in December 2023. At the time the Final Report was tabled, the Minister of Labour announced the government’s initial commitments to modernize the Employment Equity…

Supreme Court of Canada: Exclusion of Managers from Definition of “Employee” in Québec Labour Code Does Not Violate the Charter

On April 19, 2024, the Supreme Court rendered Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec in which it concluded that the exclusion of managers from the definition of “employee” in the Québec Labour Code (Code) does not violate the right to freedom of association found…