Earlier today, the Honourable Dwight Duncan, Ontario’s Minister of Finance, announced a series of new compensation restraints that will apply to government agencies, the Ontario Public Service and the Broader Public Sector. Among the highlights of the government’s announcement are: “Under the plan, executive pay would be permanently capped at no more than double the…
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
Federal Government Introduces Helping Families in Need Act
On September 20, 2012, the federal government introduced Bill C-44, the Helping Families in Need Act, legislation that would, if passed, amend (among other things) both the Employment Insurance Act (“EI Act”) and the Canada Labour Code as follows: the EI Act will provide for a new specified sickness benefit for parents receiving EI parental…
FTR Now
Court of Appeal Finds Insurance Producer Breached Agreement to Pay for his Book of Business
In a recent decision, the Ontario Court of Appeal found that an insurance producer breached his oral agreement with his brokerage that he would pay 50 percent of the fair market value of the book of business if he took it with him when departing. The Court ordered that the producer pay the broker for…
Case In Point
Discipline, Not Termination, More Appropriate in Case of Single Incident of Misconduct
In a case that has garnered much attention, Barton v. Rona Ontario Inc., the Ontario Superior Court has found that discipline of a managerial employee would have been a more effective sanction than termination where that employee, in a single incident of misconduct, breached the employer’s health and safety rules. At the time of the…
Human Resources Legislative Update
Bill 115, Putting Students First Act, 2012 Passes Third Reading
On September 11, 2012, Bill 115, Putting Students First Act, 2012, passed at Third Reading, as amended by the Standing Committee on Social Policy. The Act will come into force on a day to be proclaimed by the Lieutenant Governor. For background information on the Putting Students First Act, please see our FTR Now of…
Case In Point
Leave to Appeal Sought in Freedom of Association Case
The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…
Human Resources Legislative Update
Survivor Benefits Amendments Proclaimed in Force October 1, 2012
On September 8, 2012, amendments to section 44 of the Pension Benefits Act were proclaimed in force effective October 1, 2012. Specifically, the amendments clarify (1) that survivor benefits can be reduced on the death of either spouse, and (2) that consent will be required in order to commute small survivor benefits where the member…
Human Resources Legislative Update
Family Caregiver Leave Bill Passes Second Reading, Referred to Committee
On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy. As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time,…
Case In Point
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
Human Resources Legislative Update
Proposed Teacher Bargaining Legislation Passes Second Reading, Referred to Committee
On September 5, 2012, Bill 115, Putting Students First Act, 2012, carried at Second Reading and was ordered referred to the Standing Committee on Social Policy. For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”