The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…
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
Must Exercise Termination Rights Under Independent Contractor Agreement in Good Faith, Appeal Court Rules
In the recent case Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal determined that the appellant company failed to exercise its termination rights under an Independent Consulting Agreement (ICA) in good faith. As a result, they were liable to pay to the independent contractor (respondent) the amount owing for the remainder of…
Human Resources Legislative Update
WSIB Rate Framework Policies Finalized
The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…
HR HealthCheck
Introducing HR HealthCheck – Nurses and Presumptive PTSD Entitlement
Welcome to our first edition of HR HealthCheck, a publication geared to issues of specific interest of our clients in the healthcare sector. We hope you find the information set out below on the new presumptive entitlement for nurses who experience post-traumatic stress disorder (PTSD) helpful and informative. We look forward to bringing you more updates in the future.
Human Resources Legislative Update
Cannabis Act in Force October 17, 2018
The federal government has announced October 17, 2018 as the date on which the Cannabis Act comes into force. The Act was passed by the Senate on June 19, 2018. For more information, see our FTR Now of June 20, 2018 “Cannabis Act In Force October 17, 2018: Preparing Your Workplace.” Editor’s Note: The Cannabis…
FTR Now
Cannabis Act In Force October 17, 2018: Preparing Your Workplace
On June 19, 2018, the Senate passed Bill C-45, the Cannabis Act (Federal Act), which legalizes the consumption of recreational cannabis across Canada. The federal government has announced October 17, 2018 as the date it comes into force. Learn more about the new legislation and next steps for employers in this FTR Now.
Human Resources Legislative Update
New Restrictions on Criminal Record Checks to Take Effect on November 1, 2018
The Ontario government has proclaimed November 1, 2018 as the date on which the Police Record Checks Reform Act, 2015 (Act) comes into force. The Act applies to persons who require a search to be conducted of police data bases to screen individuals for, among other things, the purpose of determining suitability for employment. It…
FTR Now
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Human Resources Legislative Update
Federal Cannabis Act Passes Third Reading in Senate
On June 7, 2018, Bill C-45, the Cannabis Act, passed Third Reading in the Senate as amended. Bill C-45 will now return to the House of Commons where the House will decide whether to accept or reject the Senate’s amendments. We will continue to monitor and report on the progress of the Bill.
Case In Point
Pay Equity Compliance: An Update from the Supreme Court of Canada
The Supreme Court of Canada recently rendered two decisions in two separate cases pertaining to Quebec’s Pay Equity Act (Act) that serve as a reminder to all employers of the importance of complying with their governing pay equity legislation. The Act came into force in 1996 to address systemic discrimination against women and to ensure…