Taylor v. Salytics Inc., a recent decision of the Ontario Court of Appeal, provides welcome appellate confirmation that where an employment agreement expressly permits a temporary lay-off and the lay-off is implemented within the Employment Standards Act, 2000 framework, the lay-off will not trigger a constructive dismissal, and therefore a termination of employment.
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Case In Point
Safety Incidents Alone Don’t Justify Drug and Alcohol Testing
SaskEnergy Incorporated v. Unifor, a recent decision of the Saskatchewan Court of Appeal, confirms that the seriousness of a safety incident and an employee’s failure to follow safety protocols are not, by themselves, sufficient to make drug and alcohol testing a reasonable line of inquiry.
Case In Point
Court Clarifies Frustration and Benefit Claims in Employment Damages
The Ontario Court of Appeal has clarified two issues affecting termination liability: (1) when an employee’s illness or disability frustrates the employment contract, and (2) when an employer-provided resource is a compensable employment benefit rather than a work tool supplied to do the job.
Human Resources Legislative Update
Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2026
A reminder to employers that the Ontario government will be increasing the general minimum wage to $17.95 per hour (previously $17.60 per hour) effective October 1, 2026.
Federal Post
Bill C-39: Ottawa Moves to Reshape Federal Collective Bargaining and Labour Dispute Resolution
What could Bill C-39 mean for federally regulated employers? Simon Mortimer and Andrew Movrin outline the proposed changes to federal labour laws and highlight key considerations.
School Board Update
Arbitrator Clarifies When Sick Leave May Be Available Following a WSIB Denial
A recent award clarifies when sick leave may be available after a WSIB denial and confirms the need for a case-by-case assessment.
Case In Point
Multijurisdictional Employers Take Note: Ontario Court of Appeal Allows Action Involving Ontario-based Employee of a Foreign Company to Proceed
Multijurisdictional employers should note the potential for Ontario proceedings to take place in Ontario when employees perform work in Ontario.
FTR Now
When the Deal Breaks: Lessons from the Canada-U.S. Trade Talks
This article considers recent Canada-U.S. trade developments through a collective bargaining lens, highlighting practical lessons for employers on deadline pressure, walkaways, credible alternatives and preserving bargaining relationships.
Case In Point
Ontario Superior Court Provides Guidance on Navigating Due Diligence Under OHSA
Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Greater Sudbury (City) is significant for employers navigating due diligence under OHSA. It affirms that due diligence is not a standard of perfection but a fact-driven inquiry measured against what was genuinely within the accused’s control.
FTR Now
Federal Government Announces Counter-Tariffs and $7.5 Billion Support Package for Canadian Workers and Businesses
The federal government has announced approximately $27.6 billion in counter-tariffs and a $7.5 billion support package . This article outlines the measures announced to date and the practical considerations for employers evaluating workforce and business planning options.