Hicks Morley’s David Alli was featured by the Canadian HR Reporter on February 4, 2019 in an interview where he addressed the main differences between workplace harassment and constructive criticism and how employers can mitigate these claims.
Industry: Retail & Wholesale Trade
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
WSIB Issues New Policy on Medical Cannabis
The Workplace Safety and Insurance Board (WSIB) has issued Policy 17-01-10 Cannabis for Medical Purposes (Policy) which will come into effect on March 1, 2019. The WSIB has previously covered the cost of medical cannabis in some circumstances, primarily for the relief of pain in accordance with section 33 of the Workplace Safety and Insurance…
Federal Government Proposes Legislative Amendments to Address Salary Overpayments
On January 15, 2019 the federal government announced proposed amendments to the Income Tax Act (ITA), Employment Insurance Act (EI Act) and Canada Pension Plan (CPP) that would more readily facilitate the correction of salary overpayments made to employees.
Cause Termination Upheld Where Employee Found to Have Installed Spyware on Employer’s Computer
The Ontario Superior Court of Justice recently upheld a cause termination where an employee was found to have installed spyware onto his employer’s computer. The Court also considered the availability of the “after-acquired cause” defence In Sankreacha v. Cameron J. and Beach Sales Ltd., the plaintiff’s employment as a service advisor in the automotive department…
Tribunal Confirms Human Rights Issues Need not be “Explicitly Decided” to Have Been Appropriately Dealt With in Another Proceeding
In Hewitt v. HTS Engineering Ltd., the Human Rights Tribunal of Ontario (Tribunal) addressed the issue of whether the Ontario Labour Relations Board (Board or OLRB) had appropriately dealt with the substance of an Application. The decision confirms that human rights issues do not need to be explicitly at issue in another proceeding in order to…
Workplace Law in Canada
Workplace law in Canada operates in a significantly different way than workplace law in the United States. This short primer sets out the main features of Canadian workplace law to enable American legal counsel to understand the basic differences and ask further questions.
Ministry of Labour Publishes New ESA Poster
The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
Tribunal Finds that Denial of Coverage for Medical Cannabis under Employer’s Benefit Plan is not Discriminatory
The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…
Benefits Canada Publishes an Article by Thomas Agnew on Benefits Coverage for Medical Marijuana
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employer Obligations Around Medical Pot, Benefits Plans.” In a case from February 2017, the Nova Scotia Court of Appeal confirmed that an administrator of a benefits plan can choose what specific drugs and medications will be covered by a plan. In particular, it held that the exclusion of medical cannabis…