In Bain v. UBS Securities Canada Inc., the Ontario Court of Appeal upheld a lower court decision which awarded an employee who was dismissed without cause in February 2013 his bonus entitlements for 2012 and the first three months of 2013, as well as for the 18-month notice period. David Bain worked for UBS as…
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.
Human Resources Legislative Update
Ontario’s Proposed New Anti-Racism Standards
As we previously reported, the Ontario Anti -Racism Act (ARA) came into force on June 1, 2017. One of the purposes behind the ARA is to allow certain organizations to collect information that will be used to identify and monitor systematic racism and racial disparities for the purpose of eliminating systemic racism and advancing racial…
Human Resources Legislative Update
Ontario Publishes Description of Proposed Variable Benefits Regulations for DC Plans
The Ontario government posted a description of proposed regulations on March 20, 2018 enabling it to implement the variable benefit (VB) provisions applicable to defined contribution (DC) plans under the Ontario Pension Benefits Act (PBA). Background – DC Decumulation Currently, Ontario members of DC plans who have terminated their employment with the plan sponsor and…
Human Resources Legislative Update
Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018
On April 1, 2018, amendments to the Employment Standards Act, 2000 regarding equal pay for equal work will come into force. Among other things, the provisions prohibit employers from paying different rates of pay to their employees because of a difference in employment status, where the employees perform substantially the same kind of work in…
Case In Point
HRTO Finds No Discrimination Where Use of Medical Marijuana at Worksite Breached Zero Tolerance Policy
In Aitchison v L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (HRTO) found that an employer did not discriminate against the applicant when his employment was terminated for smoking marijuana while at work, which was contrary to the employer’s “zero tolerance” policy. The applicant was employed as a seasonal painter…
Human Resources Legislative Update
Ontario Legislature Prorogues, New Session to Commence March 19, 2018
On March 15, 2018, the Ontario Legislature was prorogued and an announcement made that the new session of the Legislature would open with a Throne Speech on Monday March 19, 2018. As a result of the prorogation, any Bills which were not passed died on the order paper, including Bill 203, the Pay Transparency Act,…
Case In Point
Court Rules Sexual Harassment Allegations Against Manager Outside Scope of Release with Employer
In Watson v The Governing Council of the Salvation Army, the plaintiff sued her former manager (Manager) for sexual harassment after having already settled the termination of her employment with her former employer, the Salvation Army. In her statement of claim, she sought a damage award for negligence, intentional infliction of emotional harm and breach…
Human Resources Legislative Update
Ontario Introduces Pay Transparency Legislation
On March 6, 2018, the Ontario government introduced Bill 203, Pay Transparency Act, 2018, which creates certain requirements for employers regarding compensation information and its disclosure to employees and potential employees. If passed, Bill 203 would, among other things: prohibit employers from seeking the compensation history regarding a potential employee, although that person may voluntarily…
Human Resources Legislative Update
Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative
On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…
FTR Now
Federal Budget 2018
On February 27, 2018 the federal government tabled its 2018 Budget, Equality & Growth: A Strong Middle Class (Budget). The Budget contains several key initiatives, including a new Employment Insurance parental sharing benefit, the permanent extension and expansion of the Employment Insurance Working While on Claim pilot project…