The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Insights
Case In Point
In Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), the Divisional Court recently overturned a 2017 Grievance Settlement Board (GSB) decision that found the grievor’s right to a workplace free of harassment had been violated but that it had no jurisdiction to award damages…
Case In Point
The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
Human Resources Legislative Update
WSIB Rate Framework Policies Finalized
· 1 min readThe 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…
FTR Now
Effective January 1, 2018, the Workplace Safety and Insurance Board (WSIB) will utilize a single indexing factor to calculate the annual adjustment to all indexed benefits and the legislated amounts as a result of recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA). To support the implementation of these changes, the WSIB has developed a new policy (18-01-14 Annual Indexing) and revised several existing benefit payment policies. Learn more in this FTR Now.
Human Resources Legislative Update
As we previously reported, the Workplace Safety and Insurance Board launched a public consultation on draft policies for the new Rate Framework, which is scheduled to be implemented on January 1, 2020. In October 2017, the deadline for submissions for the Rate Framework Policy Consultation was extended to December 5, 2017. The deadline for submissions…
FTR Now
On November 14, 2017, the Ontario government introduced Bill177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, omnibus legislation which, if passed, would amend several employment-related statutes. In this FTR Now, we discuss the proposed changes to the Workplace Safety and Insurance Act, 1997 and the Occupational Health and Safety Act.
Human Resources Legislative Update
WSIB Announces 2018 Premium Rates
· 1 min readThe Workplace Safety and Insurance Board has announced its 2018 premium rates and has approved a 3.3% reduction to the average premium rate for next year. Any increases in premium rates will relate only to costs arising from the chronic mental stress (CMS) amendment to the Workplace Safety and Insurance Act, 1997, which comes into…
FTR Now
The government’s budget implementation legislation, Bill 127, Stronger, Healthier Ontario Act, recently received Royal Assent. Bill 127 includes amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) to allow entitlement to chronic mental stress for workplace injuries that occur on or after January 1, 2018. Previously, subsections 13(4) and (5) of the WSIA and…