On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…
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.
HR HealthCheck
Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle
In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…
Raising the Bar
Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation
The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…
Human Resources Legislative Update
Ontario Eases Capacity Limits for Certain Indoor and Outdoor Settings
On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings. Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas…
Human Resources Legislative Update
Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…
Case In Point
Court Confirms Mitigation Efforts Do Not Extend Limitation Period
In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…
FTR Now
Ontario Enhances Protections for Students Reporting Sexual Violence on Campus
As a new academic year commences, the Ontario government is taking additional steps to address sexual violence on post-secondary campuses. The government has filed O. Reg. 646/21 (Amending Regulation), which amends O. Reg. 131/16, Sexual Violence at Colleges and Universities, made under the Ministry of Training, Colleges and Universities Act, to include additional protections for…
Human Resources Legislative Update
Ontario Seeks Input Regarding the Establishment of Minimum Standards for School Board Trustee Codes of Conduct
On September 17, 2021, the Ontario government announced that it is seeking input from stakeholders and members of the public regarding the establishment of “minimum standards” for school board trustee codes of conduct. The deadline for submissions is November 1, 2021. Section 218.2(1) of Ontario’s Education Act currently provides that a school board “may adopt…
FTR Now
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Case In Point
Court Distinguishes Waksdale in Case Where Employer and Employee had Equal Bargaining Power in Negotiating Contract
In Rahman v Cannon Design Architecture Inc., a recent decision of the Ontario Superior Court of Justice, the Court distinguished the Ontario Court of Appeal’s landmark decision in Waksdale v Swegon North America, finding that on the facts of the case a provision which denied entitlements upon termination for just cause did not amount to…