Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Industry: Social Services
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
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…
Stevie (Stephanie) Gellatly
Stevie advises employers on a variety of matters related to labour relations, employment law and human rights.
Kimberly Dias
Kimberly advises employers on a variety of matters related to labour relations, employment law, human rights, and workplace compensation matters.
Lukas Furlan
Lukas is a labour and employment lawyer practising out of Hicks Morley’s Toronto office. He advises employers on a wide range of matters including grievance arbitrations, employment litigation, human rights issues, labour disputes and workplace accommodation.
Jennifer Li
Jennifer advises employers on a variety of matters related to employment standards, human rights and accommodation, labour disputes, occupational health and safety, and grievance arbitrations.
Zachary Demers
Zachary is building a practice of advising clients on a variety of labour, employment and human rights issues.