Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…
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.
Case In Point
Arbitrator Upholds Mandatory Vaccination Policy—Reduced Public Health Measures of No Consequence
In a “bottom line” decision in Extendicare Lynde Creek Retirement Home and United Food & Commercial Workers Canada, Local 175, Arbitrator Raymond upheld the mandatory COVID-19 Immunization Policy (Policy) of a retirement home, finding that the Policy is a reasonable workplace rule and consistent with the collective agreement, the Occupational Health and Safety Act, the…
Human Resources Legislative Update
Updated Guidelines for Employers Subject to the Employment Equity Act
The federal government has updated the following interpretations, policies and guidelines (IPGs) for employers subject to the Legislated Employment Equity Program (LEEP), under the Employment Equity Act (Act). “Communication, Consultation, Collaboration” (IPG 115 ) provides that employers must inform their employees about the purpose of, measures undertaken or planned to implement, and progress made in…
Human Resources Legislative Update
Ontario Minimum Wage to Increase October 1, 2022
On April 5, 2022, the Ontario government announced that the general minimum wage in Ontario will increase from $15.00 to $15.50 per hour on October 1, 2022. This minimum wage applies to most employees. Minimum wage rates will also increase on the same date for the following employees: students under age 18: from $14.10 to…
Case In Point
HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With
In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…
Human Resources Legislative Update
Ontario Tables Pandemic and Emergency Preparedness Bill
On March 29, 2022, the Ontario government introduced A Plan to Stay Open which sets out healthcare initiatives to ensure the healthcare system is better able to respond to a crisis, among other things. On the same day, it tabled Bill 106, Pandemic and Emergency Preparedness Act, 2022 (Bill 106), omnibus legislation which gives effect…
Case In Point
Arbitrator Upholds TDSB Mandatory Vaccination Policy
On March 22, 2022, Arbitrator William Kaplan issued The Toronto District School Board and CUPE, Local 4400 (Re COVID-19 Vaccine Procedure), an award in which he upheld the mandatory vaccination policy (Policy) of the Toronto District School Board (TDSB). He found that the Policy did not infringe section 7 (life, liberty and security of person)…
FTR Now
Ontario Revokes More COVID-19 Orders
On March 24, 2022, the Ontario government revoked certain Orders made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), effective March 28, 2022. The remaining ROA Orders have been extended to April 27, 2022. This action is further to the province’s current plan to lift all remaining directives, Orders and measures…
Human Resources Legislative Update
Bill 88 Referred to Committee with Public Hearings to be Held on March 28 and 29: Note Quick Deadline for Request to Make Submissions
On March 23, 2022, Bill 88, Working for Workers Act, 2022, was carried on division at Second Reading and referred to the Standing Committee on Social Policy. The Committee will be holding public hearings on the Bill in Toronto on Monday, March 28 and Tuesday, March 29, 2022. For those parties who wish to be…
Human Resources Legislative Update
CHRT Seeks Feedback on Draft Rules and Forms Regarding Pay Equity
The Canadian Human Rights Tribunal (CHRT) has published and is seeking comments on its Draft Rules Respecting Pay Equity and accompanying draft forms. Comments are due by May 10, 2022. Background On August 31, 2021, the federal government proclaimed in force the Pay Equity Act (Act) and related regulations. The Act applies to federally regulated…