In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…
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.
Human Resources Legislative Update
Alberta Passes PRPP Legislation
On May 7, 2013, Bill 18, Pooled Registered Pension Plans Act,passed Third Reading in the Legislative Assembly of Alberta and received Royal Assent on May 27, 2013. Bill 18 authorizes pooled registered pension plans (“PRPPs”) to be made available to eligible employees and self-employed persons in Alberta and sets out the legal framework for the…
Case In Point
A Lower Cover Charge for Women on “Ladies Night” is not Discriminatory
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
Human Resources Legislative Update
Ontario Introduces Electronic Personal Health Information Protection Bill
On May 29, 2013, the Ontario government introduced Bill 78, Electronic Personal Health Information Protection Act, 2013. If passed, Bill 78 would amend certain statutes with respect to electronic health records. Such amendments would, among other things, add Part V.1, “Electronic Health Records” to the Personal Health Information Protection Act, 2004 (“PHIPA”) which includes: requiring…
Case In Point
An Employer’s ESA Obligation During Notice Period Where Employees Cannot Work During That Period
Arbitrator Randy Levinson recently found that an employer complied with the provisions of the Employment Standards Act, 2000 (“ESA”) by providing written notice of termination, rather than termination pay, to two employees who could not work during the termination notice period due to disability. The case involved the termination of two employees who were on…
Reaching Out
Reaching Out – Third Edition
Dear Friends, As we welcome back Spring, which finally seems to be taking hold, it presents an opportunity to do some spring cleaning and dust off common HR issues that bear review before we get too far into 2013. In the Spring edition of Reaching Out, Carolyn Cornford Greaves, an associate in our Toronto office…
News
The Employment Standards Act and Employment Contracts
Employers who are party to an employment contract which stipulates an employee is limited to the minimum statutory entitlements upon termination should be sure that those termination provisions are not offside the Employment Standards Act, 2000 (“ESA”). Otherwise, an employer may find that the provisions are not enforceable and that it is liable for payment…
Human Resources Legislative Update
Schedule to General FIPPA Regulation Amended
On May 17, 2013, the Ontario government filed O. Reg. 157/13 amending Regulation 460 (General) made under the Freedom of Information and Protection of Privacy Act (“FIPPA”). O. Reg. 157/13 amends the Schedule to Regulation 460 by revoking and/or adding certain entities as designated institutions under FIPPA. With one exception, O. Reg. 157/13 came into…
Case In Point
Drafting Termination Provisions in Employment Contracts
Two cases of the Ontario Superior Court serve as reminders that termination provisions in employment contracts must be compliant with the Employment Standards Act, 2000 (“ESA”) for all purposes; otherwise they may be found void and unenforceable by a court. In the first decision, Wright v. Young and Rubicam, the Court found that while a…
FTR Now
The Ongoing Saga of the 24 Hour Firefighter Shift
In recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…