On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….
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
2018 EI Premium Rate, Maximum Insurable Earnings Set
The Canada Employment Insurance Commission (CEIC) has set the 2018 Employment Insurance (EI) premium rate at$1.66 per $100 of insurable earnings. This represents a 3 cent increase for employees over the 2017 rate, and 4 cents for employers who pay 1.4 times the employee rate. For Quebec residents covered under the Quebec Parental Insurance Plan,…
School Board Update
Arbitrator Declares that DECEs Need Not be Scheduled “Side By Side” with FDK Teachers
In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.
FTR Now
WSIB Issues Final Chronic Mental Stress Policy: What Employers Need to Know
Recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board (WSIB) has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers – read more for what you, as an employer, need to know..
Human Resources Legislative Update
Employee Discounts: To Tax, or Not to Tax? That is Indeed the Question
The Canada Revenue Agency (CRA)’s recently revised position on employee discounts is attracting significant media coverage. In 2016, the CRA published an updated technical document on “Benefits and Allowances Received from Employment” (Income Tax Folio S2-F3-C2*), which provides that employee discounts on merchandise for less than fair market value are considered taxable benefits under the…
Human Resources Legislative Update
WSIB Rate Framework Policy Consultation Extended
As we previously reported, the Workplace Safety and Insurance Board has launched a public consultation on draft policies for the new Rate Framework, which will be implemented on January 1, 2020. The deadline for submissions on the Rate Framework Policy Consultation has been extended from October 13, 2017 to December 5, 2017. Submissions can be…
Raising the Bar
Raising the Bar – Fifteenth Edition
In this issue, we bring you some of our favorite and most practical recent court decisions and share with you a list of key considerations in approaching and negotiating settlements. Chances are that you are working on, or negotiating, a settlement right now, so we encourage you to study our list and feel free to reach out with any questions!
Human Resources Legislative Update
Ontario Tables Omnibus Healthcare Bill
On September 27, 2017, the Ontario government tabled Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, omnibus legislation which addresses the delivery of healthcare services in Ontario. If passed, Bill 160 would create the following statutes: The Health Sector Payment Transparency Act, which would require disclosure of information about financial relationships within the…
FTR Now
AMPing up Enforcement: Ontario’s Pension Regulator Gets New Teeth
Administrators beware: as of January 1, 2018, the Superintendent of Financial Services (Superintendent) will have the power to levy significant new administrative monetary penalties (AMPs) for certain violations of Ontario’s Pension Benefits Act (PBA)…
Case In Point
Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy
The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…