New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges

On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…

Sunny J. Khaira

In his broad practice, Sunny has successfully represented clients in judicial review applications, wrongful dismissal claims and human rights applications. Sunny has an impressive record in both the private and public sectors. He is regularly successful obtaining dismissals or resolutions of numerous labour arbitration grievances, various proceedings before the Ontario Labour Relations Board, and many wrongful dismissal cases before the Ontario Superior Court of Justice.

Ontario Budget Bill 2016 Passes

On April 13, 2016, the Ontario government passed Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2016. See our FTR Now of February 29, 2016, Ontario Budget 2016, for a detailed discussion of those initiatives of interest to employers, human resources professionals and…

Human Rights Tribunal Rules that Miscarriage is a Disability

In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…

Federal Government Consults on PIPEDA Data Breach Regulations

On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…

Lead counsel to multinational and national hotel chains and to hotel management companies in connection with all matters related to the workplace and guest complaints under all provincial legislation. Instrumental in negotiating collective agreements that exert major influence on the hospitality industry across the country.

Lead counsel to multinational and national hotel chains and to hotel management companies in connection with all matters related to the workplace and guest complaints under all provincial legislation. Instrumental in negotiating collective agreements that exert major influence on the hospitality industry across the country.

Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings

Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…