Leaves to Help Families Act Passes Second Reading

On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…

Ontario Introduces Bill to Amend the Employer Health Tax Act

On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…

Raising the Bar – Sixth Edition

“There are far, far better things ahead than any we leave behind. “                                                                                           C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…

Parliament Prorogues until October 16th

Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today.  The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne.  As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…

Government Announces Three-Year EI Premium Freeze

On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014.  Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings.  The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…

Simon Mortimer Quoted in Canadian Labour Reporter

Hicks Morley’s Simon Mortimer was quoted in the September 3, 2013 edition of Canadian Labour Reporter in an article entitled, “New super-union Unifor targets unlikely membership.” The article discussed Unifor, the nation’s largest private sector union, formed from the merger of the Canadian Auto Workers union and the Communications, Energy and Paperworkers union. The article…

Confidentiality Provisions: Important, Effective and Enforceable

In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…

Parliament to be Prorogued

The Prime Minister has announced that he will ask the Governor General to prorogue Parliament until October 2013. Parliament was previously set to resume sitting on September 16, 2013. With prorogation, the unfinished business of Parliament will “die” on the Order Paper, including government bills which have not yet received Royal Assent. These bills can…

Alberta Court of Appeal Upholds Conviction in Calf-Roping Machine Case

In its decision Alberta v. XI Technologies Inc., the Alberta Court of Appeal upheld the conviction of XI Technologies in relation to the death of an employee who was operating a faulty calf-roping machine at an employer hosted-event, concluding that the employer failed to do all that was reasonably practicable to avoid the foreseeable risks…

Dismissals Under the Canada Labour Code

In a recent decision, Atomic Energy of Canada Limited v. Wilson, the Federal Court considered the unjust dismissal provision of the Canada Labour Code (“Code”) and concluded that it does not prohibit federally regulated employers from conducting without cause dismissals. This decision arose out of an unjust dismissal complaint under section 240 of the Code….