The Ontario Expert Commission on Pensions (the “Expert Commission”) released its much anticipated Report “A Fine Balance” to the public today. The full Report is 222 pages and contains 142 recommendations “for reforming and reinvigorating Ontario’s pension system”. HIGHLIGHTS OF KEY FINDINGS AND RECOMMENDATIONS New Regulatory Regime Recommended The Expert Commission recommended that the current…
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.
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Court of Appeal Considers Scope of Right to Collectively Bargain
In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…
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Ministry of Labour Blitz of Industrial Workplaces for Electrical Hazards
The Ministry of Labour is currently conducting a blitz of workplaces, where the regulation for Industrial Establishments applies, to ensure compliance with the electrical hazard provisions of the regulation. Inspectors will take a “zero tolerance” approach to any contraventions. “Since 1998 there have been 69 workers killed, 263 critically injured and 844 workers who received…
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New Framework Proposed for the Regulation of Multi-Jurisdictional Pension Plans
On October 21, 2008, the Canadian Association of Pension Supervisory Authorities (“CAPSA”) released the Proposed Agreement Respecting Multi-Jurisdictional Pension Plans (the “Proposed Agreement”), which aims to provide a clearer, more detailed framework for the administration and regulation of pension plans that have members in more than one Canadian jurisdiction (“multi-jurisdictional pension plans”, or “MJPPs”). If…
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Ontario and BC Privacy Commissioners Release Guidance on Violence Prevention at Universities and Colleges
The Ontario and BC Privacy Commissioners have released a Practice Tool for Exercising Discretion in the context of violence prevention at universities, colleges and other educational institutions. A copy of the Practice Tool can be found here. The Practice Tool is an important part of the Commissioners’ attempts to educate institutions about their abilities to…
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The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
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Preventing Workplace Violence: Ontario Looks at Amending the Occupational Health and Safety Act
On September 17, 2008, the Ontario Ministry of Labour released a Consultation Paper on Workplace Violence Prevention. The Consultation Paper seeks input from workplace parties on whether and how Ontario should address workplace violence under the Occupational Health and Safety Act (“OHSA”). The Consultation Paper asks for input on whether OHSA should be amended to…
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Cloud Computing, Second Life and the University
This short university sector bulletin raises an important policy issue about setting rules that govern the choice faculty and staff have in using the internet to perform their jobs. We would like to raise and invite a policy discussion on the legal issues raised by “cloud computing” and the increasing business use of consumer-marketed internet…
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Federal Election 2008: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for October 14, 2008. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older as of the date of the election – are entitled to 3 consecutive hours on election day, during voting hours, to cast their votes….
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Religious Accommodation: Tribunal Finds Two Paid Days of Religious Leave Not Required
INTRODUCTION On September 3, 2008, Vice-Chair Sherry Liang of the Human Rights Tribunal of Ontario issued a very helpful decision in Markovic v. Autocom Manufacturing Ltd., 2008 HRTO 64. The Autocom decision provides some much-needed clarification concerning the accommodation of religious observances. Of particular interest, the Tribunal rejected the Ontario Human Rights Commission’s long-held policy…