Update on Personal Emergency Leave in the Municipal Sector

The introduction of two paid personal emergency leave (PEL) days to the Employment Standards Act, 2000 (ESA) has revived the debate about whether collective agreements or policies provide a Greater Right or Benefit (GROB), or alternatively, whether entitlements under the collective agreement or policies can be offset against the PEL entitlement. The first arbitration case since the paid entitlements were introduced (from Arbitrator Mitchnick) has brought an interesting twist to the debate.

Ontario Budget Bill Passes

On May 8, 2018, Bill 31, the Plan for Care and Opportunity Act (Budget Measures), 2018, passed Third Reading and received Royal Assent. As previously reported, Bill 31 is omnibus legislation implementing some of the key initiatives outlined in the government’s 2018 Budget. Bill 31 makes the following pension-related changes: Increases Pension Benefits Guarantee Fund…

Ontario Government Reinstates Prior Public Holiday Pay Formula Effective July 1, 2018

Late on May 7, 2018, the Ontario government announced that it is reinstating the prior public holiday pay formula that pre-dated Bill 148. Ontario Regulation 375/18 was filed on the same day and the reinstatement of the prior formula comes into force on July 1, 2018. The regulation will remain in force until December 31, 2019…

FTR Quarterly – Issue 9

In This Issue Sexual Harassment: Best Practices for Proactive Employers and Service Providers FTRQ&A – Customer-to-Customer Harassment: Service Provider Liability Questions, Answered Tips for Conducting Harassment Investigations Sexual Harassment and Your Organization: Best Practice Tips for Boards of Directors For Your Workplace, At Your Workplace: Hicks Morley’s On-Site Learn-by-Doing Training Programs Featured Articles Sexual Harassment:…

Nova Scotia Court of Appeal Finds Benefit Plan Can Exclude Medical Marijuana

The Nova Scotia Court of Appeal recently confirmed that an administrator of a benefit plan may choose what specific drugs and medications will be covered by a plan, and in particular, held that the exclusion of medical marijuana is not discriminatory under human rights legislation. In Canadian Elevator Industry Welfare Trust Fund v. Skinner, an…

Ontario Passes Pay Transparency Legislation

On April 26, 2018, Bill 3, the Pay Transparency Act, 2018, passed Third Reading, as amended by the Standing Committee on Social Policy. As we previously reported, Bill 3 enacts new rules governing the disclosure of information about the compensation of employees and prospective employees. Among other things, it requires “employers” (as the term is…

Medical Marijuana in Your Workplace: Employer FAQs

Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…