FTR Now

Federal Budget 2015

On April 21, 2015, the Minister of Finance tabled the 2015 Federal Budget, “Strong Leadership: A Balanced-Budget, Low-Tax Plan for Jobs, Growth and Security.” This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. These include: changes to registered retirement income…

FTR Now

WSIB Rate Framework Reform: Stakeholder Input Invited

On March 31, 2015, the Workplace Safety and Insurance Board (“WSIB”) released a number of discussion papers which propose a preliminary Rate Framework which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets its premium rates. Under the proposal, the Secondary Injury and Enhancement Fund (“SIEF”) and existing experience…

FTR Now

HRTO Clarifies the Scope of Employer and Service Provider Code Obligations

Two recent decisions from the Human Rights Tribunal of Ontario (“HRTO”) provide helpful guidance on the scope of employer and service provider obligations under the Human Rights Code (“Code”), including the proper scope of the duty to accommodate and the question of who may bring a Code application. In this FTR Now, we review these…

Human Resources Legislative Update

FSCO Updates Form 1 (Pension Plan Registration), Asset Transfer FAQs

On April 7, 2015, the Financial Services Commission of Ontario (“FSCO”) published a revised Application for Registration of a Pension Plan, Form 1 and added new frequently asked questions for plan administrators (“FAQs”) with respect to Multi-Jurisdictional Pension Plan Asset Transfers, among other things.  The Form 1 has been updated to provide FSCO with additional…

FTR Now

Government Issues BPS Compensation Information Directive

On March 24, 2015, the Management Board of Cabinet issued the Broader Public Sector Compensation Information Directive (the “Directive”) under the Broader Public Sector Executive Compensation Act, 2014 (the “BPSECA”). The Directive came into effect on April 1, 2015. In this FTR Now, we will briefly review the Directive and its role within the scheme…

Case In Point

Termination Clause in Federal Employment Agreement Enforceable

The recent decision in Luney v. Day & Ross Inc. is good news for employers. The Plaintiff worked for an interprovincial trucking company subject to the Canada Labour Code (“Code”). The Defendant terminated the Plaintiff’s employment without cause and offered the Plaintiff a severance package that it asserted was consistent with the termination clause in…

Case In Point

Federal Court: Unjust Dismissal Complaint for Without Cause Termination Requires Evidentiary Hearing

In a recent decision, Sigloy v. DHL Express (Canada) Ltd., the Federal Court overturned the decision of an adjudicator which had granted an employer’s preliminary objection and dismissed a complaint of unjust dismissal for lack of jurisdiction because the complainant had been dismissed without cause. At the adjudication, the employer objected to the unjust dismissal…

Case In Point

Indefinite Suspensions with Pay: The SCC Clarifies the Test for Constructive Dismissal

The Supreme Court of Canada recently considered the common law doctrine of constructive dismissal in Potter v. New Brunswick Legal Aid Services, where a majority of the Court (with two justices concurring in the result) concluded that placing an employee on an indefinite administrative suspension with pay constituted constructive dismissal. It found that even where…

Human Resources Legislative Update

Ontario Minimum Wage Increasing to $11.25 on October 1, 2015

On March 19, 2015, the Ontario government announced that the general minimum wage will increase from $11 to $11.25 per hour, effective October 1, 2015. A list of the new minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers is available on the Ministry of Labour’s website. Background information on the…

Case In Point

The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?

In a helpful decision for employers, Pourasadi v. Bentley Leathers, the Human Rights Tribunal of Ontario (“HRTO”) found that an employer’s duty to accommodate did not extend to altering the essential duties of a position. In this case, the Applicant, a retail store manager, requested a workplace accommodation for a wrist injury which prevented her…