Editor’s Note: Bill 186 passed Third Reading on June 2, 2016, as amended by the Standing Committee on Social Policy. Please read about the amendments in our blog post, ORPP Act Passes Third Reading as Amended by Committee. The Ontario Retirement Pension Plan (ORPP) was first announced in the 2014 Ontario Budget as a major…
Industry: Transportation & Warehousing
Accrual of Service or Seniority Based on “Days Worked” is Not Discriminatory, Tribunal Rules
The Human Rights Tribunal of Ontario (HRTO) recently issued a decision of particular interest to employers with groups of employees who, although covered by a collective agreement, accrue service…
Ontario Pension Solvency Funding Framework Under Review
Ontario registered defined benefit (DB) pension plans must be funded on the greater of a going concern or solvency basis…
Federal Reforms Introduced to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
On May 17, 2016, the federal government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act (CHRA). If passed, Bill C-16 would protect transgender and gender-diverse…
Sunny J. Khaira
In his broad practice, Sunny has successfully represented clients in judicial review applications, wrongful dismissal claims and human rights applications. Sunny has an impressive record in both the private and public sectors. He is regularly successful obtaining dismissals or resolutions of numerous labour arbitration grievances, various proceedings before the Ontario Labour Relations Board, and many wrongful dismissal cases before the Ontario Superior Court of Justice.
Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate
In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…
Human Rights Tribunal Rules that Miscarriage is a Disability
In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…
Federal Government Consults on PIPEDA Data Breach Regulations
On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…
Represented a U.S.-based logistics company in grievance arbitrations involving multiple terminations for drug use.
Represented a U.S.-based logistics company in grievance arbitrations involving multiple terminations for drug use.
Federal Budget 2016
On March 22, 2016, the federal government tabled its 2016 Budget, Growing the Middle Class (Budget). While certain key legislative initiatives are already underway in respect of reforms to the federal labour regime…