The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
Industry: Transportation & Warehousing
Parliament Prorogues until October 16th
Upon the request of the Prime Minister, the Governor General officially prorogued Parliament today. The next session of Parliament is scheduled to begin on October 16, 2013, with a Speech from the Throne. As described in our previous post – Parliament to be Prorogued – all Government Bills have “died on the Order Paper,” and…
Government Announces Three-Year EI Premium Freeze
On September 9, 2013, the federal Government announced that it would be cancelling its planned EI premium hike for 2014. Instead, EI premiums will be frozen at the 2013 level of $1.88 per $100 of insurable earnings. The Government also stated that the rate would not exceed $1.88 for 2015 or 2016. On the same date,…
Simon Mortimer Quoted in Canadian Labour Reporter
Hicks Morley’s Simon Mortimer was quoted in the September 3, 2013 edition of Canadian Labour Reporter in an article entitled, “New super-union Unifor targets unlikely membership.” The article discussed Unifor, the nation’s largest private sector union, formed from the merger of the Canadian Auto Workers union and the Communications, Energy and Paperworkers union. The article…
Confidentiality Provisions: Important, Effective and Enforceable
In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…
Parliament to be Prorogued
The Prime Minister has announced that he will ask the Governor General to prorogue Parliament until October 2013. Parliament was previously set to resume sitting on September 16, 2013. With prorogation, the unfinished business of Parliament will “die” on the Order Paper, including government bills which have not yet received Royal Assent. These bills can…
GM had Contractual Right to Reduce Retiree Benefits of Executives, But Not Other Salaried Employees
In a recent class action motion, O’Neill v. General Motors of Canada, the Ontario Superior Court concluded that General Motors of Canada (“GM”) breached its contract with certain non-executive salaried employees when it reduced their post-retirement benefits after they had retired. The Court found that GM had not clearly and unambiguously reserved its right to…
Alberta Court of Appeal Upholds Conviction in Calf-Roping Machine Case
In its decision Alberta v. XI Technologies Inc., the Alberta Court of Appeal upheld the conviction of XI Technologies in relation to the death of an employee who was operating a faulty calf-roping machine at an employer hosted-event, concluding that the employer failed to do all that was reasonably practicable to avoid the foreseeable risks…
OHRC Develops Policy on Removing the “Canadian Experience” Barrier for Job Applicants
The Ontario Human Rights Commission (“OHRC”) recently posted a new policy directive entitled “Policy on Removing the “Canadian experience” barrier” which sets out the Commission’s position as follows: . . . a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The…
GM Benefits Plan Language Did Not Allow Reduction After Non-Executives’ Retirement; GM Plans Appeal
Justice Belobaba of the Ontario Superior Court of Justice has found that General Motors of Canada (“GMCL”) breached its contract with certain retired non-unionized salaried employees when it reduced their post-retirement health care and life insurance benefits. On this motion for partial summary judgment, the Court held that, in the reservation of rights (“ROR”) clause…