Arbitrator Randy Levinson recently found that an employer complied with the provisions of the Employment Standards Act, 2000 (“ESA”) by providing written notice of termination, rather than termination pay, to two employees who could not work during the termination notice period due to disability. The case involved the termination of two employees who were on…
Business Operation: Ontario
Reaching Out – Third Edition
Dear Friends, As we welcome back Spring, which finally seems to be taking hold, it presents an opportunity to do some spring cleaning and dust off common HR issues that bear review before we get too far into 2013. In the Spring edition of Reaching Out, Carolyn Cornford Greaves, an associate in our Toronto office…
The Employment Standards Act and Employment Contracts
Employers who are party to an employment contract which stipulates an employee is limited to the minimum statutory entitlements upon termination should be sure that those termination provisions are not offside the Employment Standards Act, 2000 (“ESA”). Otherwise, an employer may find that the provisions are not enforceable and that it is liable for payment…
Schedule to General FIPPA Regulation Amended
On May 17, 2013, the Ontario government filed O. Reg. 157/13 amending Regulation 460 (General) made under the Freedom of Information and Protection of Privacy Act (“FIPPA”). O. Reg. 157/13 amends the Schedule to Regulation 460 by revoking and/or adding certain entities as designated institutions under FIPPA. With one exception, O. Reg. 157/13 came into…
Drafting Termination Provisions in Employment Contracts
Two cases of the Ontario Superior Court serve as reminders that termination provisions in employment contracts must be compliant with the Employment Standards Act, 2000 (“ESA”) for all purposes; otherwise they may be found void and unenforceable by a court. In the first decision, Wright v. Young and Rubicam, the Court found that while a…
The Ongoing Saga of the 24 Hour Firefighter Shift
In recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…
Consultation Process on HRTO Rules Announced
The Social Justice Tribunals Ontario (“SJTO”) has announced a consultation process regarding proposed new Common Rules of Procedure which will apply to Tribunals in the SJTO cluster, including the Human Rights Tribunal of Ontario (“HRTO”). One proposed change of interest to employers and respondent service providers is the codification of existing case law regarding vexatious…
Proposed Class Action Dismissed: OLRB has Exclusive Jurisdiction
On May 9, 2013, the Ontario Superior Court dismissed a proposed class action brought by unionized employees who alleged that they were constructively or wrongfully dismissed following a plant closure by their employer, Navistar. Collective agreements had expired two years prior to the plant closure. The Court held that the continuation of the collective bargaining…
Federal Budget Bill Referred to Committee
On May 7, 2013, Bill C-60, Economic Action Plan 2013 Act No. 1, passed Second Reading in the House of Commons and was ordered referred to the Standing Committee on Finance. As previously reported, Bill C-60 is omnibus legislation which, if passed, will give effect to certain initiatives contained in the Federal Budget 2013.
Amendments to Hiring Practices Regulation under Education Act Filed
On May 8, 2013, the Ontario government filed O. Reg. 148/13 amending O. Reg. 274/12, Hiring Practices, under the Education Act. Subsection 4(2) of O. Reg. 274/12 has been amended such that an occasional teacher may apply to a board to be placed on a long-term occasional teachers list and the board shall grant the…