On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…
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.
News
Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act
Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…
Human Resources Legislative Update
PEI Introduces Pension Benefits Legislation
On November 21, 2012, the Prince Edward Island government introduced Bill 12, Pension Benefits Act, in the legislature. The government has stated that with the exception of a few minor changes, Bill 12 is the same as Bill 41, pension legislation that was introduced in May 2012 but which did not pass first reading. Prince…
Human Resources Legislative Update
Bill Requiring Disclosure of Information by Labour Organizations Reported Back to House of Commons
On November 27, 2012, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was deemed reported without amendment back to the House of Commons from the Standing Committee on Finance. As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to…
Case In Point
HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) reaffirms Tribunal jurisprudence that an employer’s decision not to interview or hire an older job candidate will not necessarily be a violation of the Ontario Human Rights Code (the “Code”). In Loose v. Ontario (Education), the applicant applied for a position posted by…
Human Resources Legislative Update
Alberta Pension Reform Bill Passes Third Reading
On November 20, 2012, Bill 10, Employment Pension Plans Act, passed Third Reading in the Alberta Legislature. As previously reported, Bill 10 is an overhaul of the existing pension legislation in Alberta and will repeal and replace the Employment Pension Plans Act. The government of Alberta has issued an update outlining the key differences between…
Case In Point
OLRB Dismisses Related Employer Application Involving an Employer and its Sub-Contractor
A recent decision of the Ontario Labour Relations Board may be of significance to employers who retain sub-contractors on a regular basis. The Board found that York Region and York BRT, an operation which contracted with York Region to provide it with transit services, were not related employers under subsection 1(4) of the Labour Relations…
School Board Update
Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement
On November 23, 2012, Arbitrator Kevin Burkett issued a significant award in which he found he had no jurisdiction to determine a grievance under the Memorandum of Understanding (“MOU”) entered into by the Ontario English Catholic Teachers Association (“OECTA”) and the Ministry of Education in July 2012. The grievance was brought by OECTA against the…
FTR Now
Public Sector Pension Fund Pooled Asset Management
The 2012 Ontario Budget announced the Government’s intention to study the advantages of pooled asset management for Ontario’s approximately 100 public sector and broader public sector pension funds. Mr. William Morneau was appointed to lead the study and his report, Facilitating Pooled Asset Management for Ontario’s Public – Sector Institutions (the “Report”) was released by…
Human Resources Legislative Update
Federal Budget Bill Reported Back to House of Commons
On November 26, 2012, Bill C-45, Jobs and Growth Act, 2012, was reported back to the House of Commons from the Standing Committee on Finance without amendment. As previously reported, Bill C-45 is the federal government’s second omnibus Bill which, if passed, will give effect to certain initiatives contained in its Budget 2012. For more…