Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status

In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…

Ontario Passes Tips and Gratuities Bill

On December 7, 2015, Bill 12 An Act to Amend the Employment Standards Act, 2000 With Respect to Tips and Other Gratuities passed Third Reading in the Ontario Legislature. The Bill will prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees unless authorized to do so under the Employment Standards…

Court Examines Parties’ Intentions and Severability Clause in Upholding ESA-Only Termination Provision

Over the past few years, the Ontario Superior Court has rendered several decisions which consider the enforceability of termination notice provisions in employment contracts that provide only for the Employment Standards Act, 2000 (“ESA”) minimum entitlements. Depending on the specific wording used, many of these provisions have been held to be unenforceable for non-compliance with…

Police Record Checks Legislation Passes Third Reading

On December 1, 2015, Bill 113, the Police Record Checks Reform Act, 2015, as amended by the Standing Committee on Justice Policy, passed at Third Reading. When proclaimed in force, this legislation will implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an…

Andrew N. Zabrovsky

Andrew Zabrovsky is a partner in Hicks Morley’s Toronto office and is the chair of the firm’s Human Rights Practice Group. Andrew advises clients in both the public and private sectors on all aspects of their labour and employment relationships, with a specific focus on human rights litigation, labour arbitration and workplace accommodation issues.

Colin Youngman

Colin advises and represents both unionized and non-unionized employers throughout Eastern Ontario. He is regularly engaged in wrongful dismissal litigation, labour arbitration cases, Ontario Labour Relations Board proceedings and human rights proceedings.