A recent BCLRB decision clarifies how age 65 LTD cut offs can still qualify as “bona fide” under human rights legislation. Natasha Monkman and Andrew Easto break down the decision and what this could mean for employers.
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 Launches Canada’s First Occupational Exposure Registry Self-Tracker
Ontario has launched Canada’s first Occupational Exposure Registry. This timely analysis from Nadine Zacks helps employers understand the registry’s scope, purpose, and limits within Ontario’s existing health and safety framework.
Case In Point
BCCA Upholds Mandatory COVID-19 Vaccination Policy Where Employer Relied on Provincial Health Officer’s Opinion
A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.
Safe Sport
SDRCC Addresses Proportionality of Sanctions for Sexual Maltreatment of a Minor
How far should sanctions go? In this article, Brittany Bates, Frank Cesario and Kayley Leon examine a recent decision of the Sport Dispute Resolution Centre of Canada that addresses the proportionality of sanctions in cases involving sexual maltreatment of a minor and highlight practical takeaways for sport organizations navigating safe sport policies and disciplinary frameworks.
Case In Point
Arbitrator Reinstates Steelworker in Safety Sensitive Role Following Termination for Cannabis Use During Lunch Break
When does lunch break cannabis use justify termination—especially in a safety sensitive role? In this article, Matthew Wronko provides an analysis of a recent arbitration award and what this means for employers drafting drug and alcohol and fitness for duty policies
Case In Point
Divisional Court Reinforces Tradition of Judicial Deference to Ontario’s Labour Relations Board
Judicial deference to the OLRB remains firmly intact, especially in construction labour relations. In this article, Thomas Trudell reviews a recent Divisional Court decision affirming the OLRB’s authority in construction work assignment disputes and its long‑standing approach to jurisdictional issues.
FTR Now
Back-to-Work Legislation Justified Under Section 1 of the Charter, Ontario Court of Appeal Holds in Landmark Decisions
The Ontario Court of Appeal has, for the first time, considered the constitutionality of back to work legislation under the Canadian Charter of Rights and Freedoms (Charter). As Canadian courts have previously recognized, section 2(d) of the Charter protects the rights of workers to advance their workplace goals through a collective bargaining process and to…
Case In Point
“No News” May Not Mean “No New Employment”: Settlement Drafting Lessons From Cross v. Cooling Tower Maintenance Inc.
When it comes to settlement agreements, precision is non-negotiable. In this article, Justin Jalea explores the recent Cross v. Cooling Tower maintenance Inc. decision and provides important reminders for employers drafting settlement agreements involving salary continuance and clawback provisions.
FTR Now
Year in Review: Notable Labour and Employment Law Decisions From 2025
Our annual Year in Review is here. In this article, Lesley Campbell, Ryan Freeman, Amanda Cohen, Rhonda B. Levy, and Owais Hashmi outline the most influential labour and employment decisions of 2025 and highlight two upcoming rulings that employers can expect to plan for the year ahead
Case In Point
Nova Scotia Court Finds Cross-Canada Termination Clause Unenforceable: A Cautionary Tale for Multi-Jurisdiction Employers
Jurisdiction matters when drafting cross-country contracts. In this article, we examine the Brocklehurst v Micco Companies decision where Micco’s termination clause was found unenforceable under Nova Scotia legislation and explore the broader implications for employers to ensure provisions are precise and effective across Canada.