In this Federal Post, we cover recent developments with respect to the federal Pay Equity Act, amendments to the Canada Labour Code (CLC) and highlight the proposed amendments to the CLC Regulations that are currently open for public consultation. Federal Pay Equity Act In Force on August 31, 2021 By: Lucy Wu The federal Pay…
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 Employers’ Mandatory COVID-19 Testing Program
In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…
FTR Now
Ontario Moves to Step 2 of Reopening Plan
Effective June 30, 2021, all public health units in Ontario will be permitted to move to Step 2 of the province’s Roadmap to Reopen. Once this occurs, all public health units in the province will be subject to the conditions established by O. Reg. 263/20, Rules for Areas in Step 2, as amended by O….
Human Resources Legislative Update
New Rules of Procedure for the Canadian Human Rights Tribunal
On June 23, 2021, the federal government published Canadian Human Rights Tribunal Rules of Procedure, 2021 (Rules), following a public consultation in 2020 on the proposed rules (see our prior post). As stated in the Regulatory Impact Analysis Statement to the Rules, most of the rules in place at the Tribunal remain the same. The…
Human Resources Legislative Update
Ontario Announces Consultation on Modernizing Privacy
On June 18, 2021, the Ontario government released a White Paper titled “Modernizing Privacy in Ontario” and announced a public consultation on the issues raised in the Paper. Headed by the Ministry of Government and Consumer Services, the government is looking to revamp its legislative privacy framework and provide privacy protection beyond current provincial and…
Human Resources Legislative Update
Amendments Made to the Exemptions under the Police Record Checks Reform Act, 2015
On June 17, 2021, the Ontario government filed O. Reg. 477/21 which amends O. Reg. 347/18 “Exemptions” (Regulation) made under the Police Record Checks Reform Act, 2015 (Act). The amendments are of particular interest to police services and employers who use police record checks to assist in determining suitability for employment. Police services will be…
Case In Point
Court Rules that Calculation of Severance Under ESA is not Limited to Ontario Payroll
In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…
Case In Point
Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer
In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
FTR Now
Federal Government Designates September 30 as Public Holiday for National Day for Truth and Reconciliation
On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. It officially designates September 30 of each year as National Day for Truth and Reconciliation. This marks a new public holiday under the Canada Labour Code (Code).
Case In Point
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…