Industry: Colleges

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

· 5 min read

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination

· 4 min read

In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…

Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

· 3 min read

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

· 2 min read

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

· 3 min read

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Ryan Markesic

Ryan Markesic is a labour and employment lawyer practising out of Hicks Morley’s Toronto office in all areas of workplace law and in civil litigation. Ryan has assisted in arbitrations, tribunals and matters before all levels of courts including the Federal Court and Federal Court of Appeal. He has a particular interest and experience in advising and representing colleges and universities on a variety of issues.

Ontario Court Declares Back-To-Work Legislation in College Sector Constitutional

· 7 min read

The Ontario Superior Court of Justice has just released an important decision upholding the constitutionality of the Ontario government’s 2017 back-to-work legislation in the college sector. The legislation in question was the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017 (Act). The Act legislated the end to the longest college-sector strike in…

Daryl Seupersad

Daryl has developed a specialized practice in advising and representing employers with their workers’ compensation claims management and appeals.