Human Resources Legislative Update

Mandatory Insurance of LTD Plans: New Federal and Provincial Requirements

As previously reported, effective July 1, 2014, federally-regulated employers, including Crown corporations, who are governed by Part III of the Canada Labour Code and who provide their employees with long-term disability (“LTD”) plan benefits must insure the plan, on a go-forward basis, with an entity that is licensed to provide insurance under the laws of…

Human Resources Legislative Update

Small Business Job Credit and New EI Rate-Setting Mechanism Announced

On September 11, 2014, the federal government announced the introduction of the Small Business Job Credit (“Credit”), which is intended to provide tax relief for small employers. The Credit effectively lowers the Employment Insurance (“EI”) premium rate for eligible businesses from the current, legislated rate of $1.88, to $1.60 per $100 of insurable earnings in…

School Board Update

Arbitrator Rules that Collective Agreements Include Memoranda of Understanding

Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding (“MOU”) between the Ontario English Catholic Teachers’ Association (“OECTA”) and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed…

News

Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act

In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…

FTR Quarterly

2014 Summer Edition

Focus on Information Management and Privacy Information and privacy – the HR sphere and beyond Legal Developments A diminished expectation: computer use policies and privacy in the post- world New policy sheds light on gender discrimination prevention People Privacy, please Download PDF

Case In Point

Another Reminder to Employers: Draft Termination Notice Provisions with Care

The Ontario Superior Court has reaffirmed that if a termination provision in an employment contract does not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”), it will be considered null and void. In Miller v. A.B.M. Canada Inc., the plaintiff, Mr. Miller, was a management accountant. He was hired into the position…

FTR Now

Budget Bill Includes Carrigan Pre-Retirement Death Benefit Fix

The Ontario government has taken steps in its 2014 Budget to address the impact of the Ontario Court of Appeal’s 2012 decision in Carrigan v. Carrigan Estate (“Carrigan“). On July 24, 2014, the Ontario Legislature passed Bill 14, the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 (“Bill 14”), which implements some of…

Reaching Out

Reaching Out – Sixth Edition

Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…

Human Resources Legislative Update

New Alberta Employment Pension Plans Act Regulation

On July 22, 2014 the Alberta government enacted a supporting regulation to that province’s Employment Pension Plans Act (the “Act”), legislation enacted in December 2012 following recommendations from the Joint Expert Panel on Pension Standards. The Act and the new Employment Pension Plans Regulation will come into force on September 1, 2014. A government summary…

Human Resources Legislative Update

Ontario Passes Budget Bill, Adjourns

On July 24, 2014, the Ontario government passed Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014, and the House adjourned for the summer break. It will resume sitting in October. More information on Bill 14 and its impact on your organization is available in our FTR Now of July 17, 2014, “Ontario…