Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity

On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…

Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle

In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…

Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation

The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…

Victoria McCorkindale

Victoria provides advice and representation to employers in both the private and public sectors on a range of labour, employment and privacy issues including wrongful dismissal actions, employment standards, labour disputes and grievance arbitrations.

Shauna Bartlett

Shauna Bartlett provides advice and representation to employers and management in both the public and private sectors on a wide range of labour, employment and human rights issues arising from the workplace. This includes wrongful dismissal actions, collective bargaining, labour disputes, grievance arbitrations, occupational health and safety, human rights and accommodation and employment standards.

Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings

On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…

Colleen Nevison

Colleen provides advice to employers and management in both the private and public sectors on a wide range of labour and employment issues. With past experience in workplace psychology, Colleen is able to assist in creating a workplace that is productive, collaborative and supportive for employers and employees.

Jamie Burns

Jamie is a labour and employment lawyer in Hicks Morley’s Toronto office. She provides advice and representation to employers in both the private and public sectors on a wide range of labour, employment and human rights issues. Having held a management role prior to commencing law school, Jamie is uniquely positioned to assist employers and management in navigating various labour and employment issues.