The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.
Industry: Education
Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women
The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
No Presumption Without Exposure: WSIAT Reverses WSIB Entitlement for Mesothelioma, Finding No Evidence of Asbestos Exposure in Caretaker Role
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that a caretaker’s duties at a large public sector employer did not involve asbestos exposure.
Zohra Bhimani
Zohra is a labour and employment lawyer in Hicks Morley’s Waterloo office. She offers advice and representation to employers and management in both the private and public sectors on a wide range of labour, employment, and human rights issues. Zohra received her Bachelor of Laws from Queen Mary University of London, where she received the…
Drew McArthur
Drew McArthur is an employment lawyer practising out of Hicks Morley’s Ottawa office. Drew enjoys advising employers on a variety of matters related to litigation, employment law, and human rights.
Justin Jalea
Justin Jalea is an employment, labour and human rights lawyer in Hicks Morley’s Ottawa office. His practice includes providing advice and representation to employers in the public and private sectors on a wide range of human rights and employment matters. Justin brings a unique lens to legal practice with a multidisciplinary background in DEI strategy, higher education, and the arts.
Bayley Winkel
Bayley Winkel is a pensions, benefits, and compensation lawyer in Hicks Morley’s Toronto office. He has developed specialized experience in preparing legal opinions and successful regulatory applications for employer entitlement to pension plan surplus.
Arbitrator Dismisses Faculty Grievance over Bill 124 Wage Dispute: No Arbitral Jurisdiction Without Reopener Provision in Collective Agreement
In a recent labour arbitration decision, Arbitrator William Kaplan dismissed a grievance filed against Wilfrid Laurier University (University) by the Wilfrid Laurier University Faculty Association (the Association) on behalf of its Contract Teaching Faculty (CTF) bargaining unit. This decision provides important guidance on the limits of an arbitrator’s jurisdiction in addressing legislative constraints on collective…
Madeline Lusk
Madeline Lusk is an employment and human rights lawyer in Hicks Morley’s Toronto office. She provides advice and representation to employers in the private and public sectors on a wide range of workplace law, human rights and employment litigation issues.