The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.
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.
Common Ground? Class Action Updates
Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women
The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…
Case In Point
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
FTR Now
No Presumption Without Exposure: WSIAT Reverses WSIB Entitlement for Mesothelioma, Finding No Evidence of Asbestos Exposure in Caretaker Role
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that a caretaker’s duties at a large public sector employer did not involve asbestos exposure.
Human Resources Legislative Update
Ontario Government Introduces Municipal Accountability Act, 2025
On May 01, 2025, the Ontario government announced Bill 9, the Municipal Accountability Act, 2025 (Bill 9). Bill 9 re-introduces legislation originally proposed under Bill 241, the Municipal Accountability Act, 2024, that was not enacted prior to the provincial election. If passed, Bill 9 would enable the creation of a new, standardized municipal code of…
Case In Point
Arbitrator Upholds Benefits Related Grievance: “Generic Substitute” Does Not Limit Reimbursement to “Lowest Cost” Drug Per Collective Agreement
In Hydro One Inc. v The Society of United Workers, Arbitrator John Stout upheld a grievance against Hydro One for violating its Collective Agreement. Hydro One had limited reimbursement of prescription drug expenses to only the lowest cost generic medication, rather than covering the full cost of generic medications prescribed by physicians. This limitation was…
FTR Now
Arbitrator Dismisses Faculty Grievance over Bill 124 Wage Dispute: No Arbitral Jurisdiction Without Reopener Provision in Collective Agreement
In a recent labour arbitration decision, Arbitrator William Kaplan dismissed a grievance filed against Wilfrid Laurier University (University) by the Wilfrid Laurier University Faculty Association (the Association) on behalf of its Contract Teaching Faculty (CTF) bargaining unit. This decision provides important guidance on the limits of an arbitrator’s jurisdiction in addressing legislative constraints on collective…
FTR Now
Ontario Announces Protect Ontario Through Free Trade Within Canada Act, 2025
The Ontario government introduced Bill 2, the Protect Ontario Through Free Trade Within Canada Act, 2025. Framed as a defensive strategy, Bill 2 aims to boost interprovincial trade in response to U.S. tariff pressures.
Human Resources Legislative Update
Municipalities Take Note: Ontario Proposing to Expand Strong Mayor Powers to 169 Additional Municipalities
The Ontario government is proposing to expand Strong Mayor powers to 169 additional municipalities, reshaping local governance across the province. In this Human Resources Legislative Update, Jamie Burns outlines what these changes mean for the future of municipal decision-making.
Case In Point
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.