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…
Industry: Government Ministries & Agencies (Federal)
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.
COVID-19 Tests Are Not Genetic Tests for the Purpose of the Canada Labour Code
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Federal Government Passes Legislation to Ban Replacement Workers
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….
Highlights of the 2024 Federal Budget and Budget Bill
On May 2, 2024, the federal government introduced Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, for first reading. Bill C-69 contains legislation that, if passed, would enact certain measures outlined in the 2024 Budget, “Fairness for Every Generation” (Budget) that was previously tabled on…
Federal Budget 2024 Tabled
On April 16, 2024, the federal government tabled its 2024 Budget, “Fairness for Every Generation” (Budget). While much of the Budget is focused on topics such as housing, strengthening the economy and making the cost of living more affordable, it also includes a number of initiatives that will have implications for employers, pension plan administrators…
Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
The Year in Review – 2023 Cases of Note
We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…
Employment Equity Act Task Force Releases Final Report
On December 11, 2023, the federal Employment Equity Act Review Task Force (Task Force) released its final report titled A Transformative Framework to Achieve and Sustain Employment Equity (Final Report). The Final Report included 187 recommendations on improving the federal Employment Equity Act (Act) and its framework. The Process The Act came into force in…
Reminder: Significant Amendments to the Termination Provisions of the Canada Labour Code Are Coming Into Effect on February 1, 2024
Amendments to the Canada Labour Code (Code) which come into effect on February 1, 2024 will require employers to provide individual employees with a graduated notice of termination based on their consecutive years of continuous employment. The amendments will also require employers to provide individual employees with a statement of benefits upon termination. These Code…