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.


FTR Views

Cannabis in the Workplace: Workplace Policy [Video]

· 5 min read By: Jacqueline J. Luksha

In light of the upcoming legalization of recreational cannabis, it is critical that employers review all current policies to determine whether revisions are required. In this video, Jacqueline Luksha reviews key features of a Drug and Alcohol policy related to cannabis in the workplace. She also discusses the importance of training regarding cannabis use, and touches on policies dealing with accommodation requests.

Case In Point

Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision

· 3 min read By:

A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…

FTR Nexus

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law – Part 2 [Video]

· 4 min read By: David J. Bannon

In this series, David Bannon walks through some key differences in labo(u)r law that U.S. employers should know when buying, selling or operating a business in Canada. In this installment, David discusses employer’s ability to communicate with employees during organizing and bargaining, the lack of “Right to work” jurisdictions in Canada, the timing of legal strikes and constitutional protections for labour processes. In the previous installment, David discussed the governing regimes for labour relations, the timing of the union certification process and an employer’s duty to disclose certain information to a train union.

FTR Nexus

Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Labour Law – Part 1 [Video]

· 6 min read By: David J. Bannon

In this series, David Bannon walks through some key differences in labo(u)r law that U.S. employers should know when buying, selling or operating a business in Canada. In this instalment, David discusses the governing regimes for labour relations in Canada, the timing of the union certification process and an employer’s duty to disclose certain information to a trade union.

Case In Point

Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits

· 4 min read By: Hossein Moghtaderi

The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…

Human Resources Legislative Update

Federal Government Reviewing Consultation Feedback on Modernizing the Canada Labour Code

· 2 min read By: Anne Lemay

On August 30, 2018, the federal government published “What We Heard: Modernizing Federal Labour Standards” (Report), in which it reviews the results of a ten-month consultation process with employers, unions, employees, academics and other stakeholders on modernizing the Canada Labour Code (Code) to better reflect the needs of a 21st century workforce.

HR HealthCheck

Arbitrator Finds Nurse Not Entitled to Compensation for Time Spent Attending Re-Certification Testing

· 5 min read By: Lisa M. Meyer

A recent arbitral decision, South Bruce Grey Health Centre v. Ontario Nurses’ Association, clarifies the issue of compensation for re-certification under the centrally negotiated ONA Collective Agreement with the Participating Hospitals. The two grievances raised the issue of “whether a nurse is entitled to compensation for attending testing for the purposes of re-certification required by the Hospital”.

Human Resources Legislative Update

Federal Government Launches Public Consultation on Proposed Changes to Harassment and Violence Provisions of the Canada Labour Code

· 2 min read By: Anne Lemay

Employment and Social Development Canada (ESDC) has launched a public consultation on the proposed regulatory framework to be implemented in support of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1. Bill C-65 was tabled in…

FTR Quarterly

FTR Quarterly – Issue 10

· 17 min read By: Kimberly D. Pepper, David S. Alli, John C. Kloosterman, Anna Karimian

In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!