The Office of the Superintendent of Financial Institutions (OSFI) has recently issued an advisory of significance to federally regulated financial institutions (FRIFs). Beginning on March 31, 2019, FRFIs will be required to report material technology or cyber incidents to OSFI. An incident is defined as follows: a technology or cyber security incident is defined to…
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Federal Court Finds Release Signed upon Termination Not a Bar to Unjust Dismissal Complaint
The Federal Court recently upheld a decision of an adjudicator made under the Canada Labour Code (Code) that an agreement and release signed by an employee whose employment with a bank was terminated did not act as a bar to her unjust dismissal application. The employee had received a lump sum payment and had released…
Appellate Court Considers Employment Issues Arising out of a Termination Post-Sale of Business
In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…
FTR Quarterly – Issue 12
In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay
In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…
WSIB Issues New Policy on Medical Cannabis
The Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…
Federal Government Proposes Legislative Amendments to Address Salary Overpayments
On January 15, 2019 the federal government announced proposed amendments to the Income Tax Act (ITA), Employment Insurance Act (EI Act) and Canada Pension Plan (CPP) that would more readily facilitate the correction of salary overpayments made to employees.
IPC Publishes Guidance for School Boards on Their Obligations Under MFIPPA
The Information and Privacy Commissioner of Ontario (IPC) has published A Guide to Privacy and Access to Information in Ontario Schools (Guide). The Guide provides a succinct overview of a school board’s responsibilities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA or Act). The Act obliges school boards to protect individual privacy and maintain the freedom of information for records in their custody or control. The Guide provides particularized examples from IPC decisions concerning school boards.
Cause Termination Upheld Where Employee Found to Have Installed Spyware on Employer’s Computer
The Ontario Superior Court of Justice recently upheld a cause termination where an employee was found to have installed spyware onto his employer’s computer. The Court also considered the availability of the “after-acquired cause” defence In Sankreacha v. Cameron J. and Beach Sales Ltd., the plaintiff’s employment as a service advisor in the automotive department…