Business Operation: Ontario

OLRB Dismisses Duty of Fair Representation Applications Against OECTA

· 3 min read

On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….

Sale of Assets and Hiring of Former Employees of Defunct Business not Sale of Business within LRA: OLRB

· 3 min read

In a recent case, the Ontario Labour Relations Board (“OLRB”)  helped clarify what situations will trigger the operation of the sale of business provisions of the Labour Relations Act (“Act”) particularly when a business purchases the assets and premises of an organization which is unionized. This case may provide guidance for an organization which is…

Altering Vested Retiree Benefits Found to be Unlawful by Arbitrator

· 2 min read

A recent arbitration decision serves as an important reminder that if an employer wishes to negotiate changes to retiree benefit entitlements in a unionized workplace for employees who have already retired, it can only do so where the applicable collective agreement contains clear and unambiguous language allowing for such changes. In this case, the employer…

OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009

· 2 min read

On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…

Leaves to Help Families Act Introduced

· 1 min read

On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences: Family Caregiver Leave Employees would be entitled to take an unpaid leave of absence to provide care or support…

Certain Old Age Security Amendments Contained in Federal Budget Bill Now in Force

· 1 min read

The federal government has fixed March 1, 2013 as the day sections 449, 450 and 453 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) come into force. These sections amend the Old Age Security Act to provide for automatic enrolment of eligible persons for Old Age Security (“OAS”) pensions, to allow an eligible person…

Rules Amending Federal Courts Rules Registered

· 1 min read

On February 8, 2013, the federal government registered Rules Amending the Federal Courts Rules (“Rules”). The Rules are the result of a consultation process and are housekeeping in nature. Among other things, the Rules give greater flexibility to the Chief Justice to schedule motions days, specify formatting requirements for documents, set out exceptions to general…

Accommodating Childcare Needs: Understanding Your Obligations

· 9 min read

In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…

Recent Decisions from Courts of Appeal Provide Guidance on Restrictive Covenants

· 2 min read

In a time where employees are unlikely to remain with one employer throughout their working lives, employers often seek to put in place restrictive covenants to limit departing employees from competing with them, soliciting their clients/customers or using confidential information obtained in the course of their employment. The scope of restrictive covenants has recently been…