Case In Point

Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language

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…

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.

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…