In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Industry: Universities
Safe Sport Considerations for Colleges and Universities
While Canadian colleges and universities are not required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the UCCMS), they may find themselves bound to the UCCMS by their participation with certain governing sport bodies and may want to develop their own policies to ensure a safe sport environment.
Successfully represented a university in responding to an application for judicial review of a decision by the Human Rights Tribunal of Ontario, in which the Tribunal found that the applicant’s complaint was out of time.
Successfully represented a university in responding to an application for judicial review of a decision by the Human Rights Tribunal of Ontario, in which the Tribunal found that the applicant’s complaint was out of time.
Canadian Association of University Solicitors (CAUS): 2023 Conference and Annual General Meeting
In “Sexual Misconduct at Universities: Bill 26 and Beyond,” Hicks Morley’s Amanda Lawrence-Patel—along with the University of Toronto’s Andrew Ebejer and Queen’s University’s Melissa Seal—will discuss the evolution of the law regarding sexual misconduct at universities, including recent statutory changes introduced by Bill 26, the Strengthening Post-secondary Institutions and Students Act, 2022.
2024 Faculty Bargaining Services (FBS) Annual Summit
FBS promotes excellence in academic labour relations in Canadian universities. As both a training and knowledge-sharing opportunity, the annual conference brings together labour relations professionals from Canadian universities to better equip them in matters related to academic collective bargaining and contract administration.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
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…
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.
From Tweets to Termination: A University Professor’s Controversial Online Conduct
In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…