A recent arbitral decision, South Bruce Grey Health Centre v. Ontario Nurses’ Association, clarifies the issue of compensation for re-certification under the centrally negotiated ONA Collective Agreement with the Participating Hospitals. The two grievances raised the issue of “whether a nurse is entitled to compensation for attending testing for the purposes of re-certification required by the Hospital”.
Business Operation: Ontario
Successful motion to dismiss an action bought by an employee of a technology company, seeking damages for defamation, misrepresentation of fact, abuse of authority, abuse of process, negligent investigation, loss of employment opportunities, loss of reputation, subsequent loss of income, and constructive dismissal, for improper service and for failure to disclose a reasonable cause of action.
Successful motion to dismiss an action bought by an employee of a technology company, seeking damages for defamation, misrepresentation of fact, abuse of authority, abuse of process, negligent investigation, loss of employment opportunities, loss of reputation, subsequent loss of income, and constructive dismissal, for improper service and for failure to disclose a reasonable cause of…
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…
BPS Executive Compensation – New Framework Takes Immediate Effect
On August 13, 2018, the Ontario government implemented a new Compensation Framework (New Framework) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA) that came into immediate effect.
Requiring Proof of Eligibility to Work in Canada on a Permanent Basis Discriminatory
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against a potential employee on the basis of citizenship when it required proof of eligibility to work in Canada on a permanent basis as a condition of employment.
Successful in having a proposed class proceeding dismissed on jurisdiction and limitations grounds in the Ontario Court of Appeal, on behalf of several corporate and individual clients.
Successful in having a proposed class proceeding dismissed on jurisdiction and limitations grounds in the Ontario Court of Appeal, on behalf of several corporate and individual clients.
The First Bill 148 Cases: Overview of Key New ESA Decisions
It has now been 7 months since Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was enacted and cases are beginning to emerge which interpret the new provisions of the Employment Standards Act, 2000 (ESA). In this Minimum Standards Monitor, we review some decisions of particular interest to employers which involve the new personal emergency leave (PEL) requirements, the equal pay for equal work provisions and the new minimum wage entitlements.
Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge
The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…
2018 Client Conference Additional Resources
Keynote Speaker on Mental Health in the Workplace Dr. Raj Bhatla, Psychiatrist-in-Chief and Chief of Staff of the Royal Ottawa Health Care Group Resources from Presentation The Royal is one of Canada’s foremost mental health care and academic health science centres with a mandate of getting more people living with mental illness into recovery faster. The Royal…
2018 Client Conference Additional Resources
Keynote Speaker on Accessibility for Ontarians with Disabilities Luke Anderson, Founder, StopGap Foundation Organizations Supporting People with Disabilities The Canadian Council on Rehabilitation and Work is an organization offering valuable resources to promote and support meaningful and equitable employment of people with disabilities. Their mission: “As innovators and agents of change, we build partnerships, develop skills, share knowledge…