Human Resources Legislative Update

On April 18, 2019, Bill 74, The People’s Health Care Act, 2019, passed as amended by the Standing Committee on Social Policy and received Royal Assent. Bill 74 provides for the creation of a central agency, Ontario Health, to oversee the health care system across the province, as well as the creation of integrated care…

FTR Now

On February 26, 2019 the Ontario government tabled Bill 74, The People’s Health Care Act, which includes the introduction of the Connecting Care Act, 2019. If passed, the legislation will allow for the creation of a central agency, Ontario Health, to oversee the health care system across the province, as well as the creation of integrated care delivery systems. In this FTR Now we provide an overview of the proposed legislation, with an emphasis on the labour and employment implications for health service providers.

Human Resources Legislative Update

On December 14, 2018, the Ontario government filed five regulations made under the Employment Standards Act, 2000 (ESA) further to the repeal of certain provisions of Bill 148, Fair Workplaces, Better Jobs Act, 2017 by Bill 47, Making Ontario Open for Business Act, 2018. These changes are in effect January 1, 2019. O. Reg. 498/18…

Human Resources Legislative Update

On November 12, 2018, Bill 47, the Making Ontario Open for Business Act, 2018, was carried on division at Second Reading and was referred to the Standing Committee on Finance and Economic Affairs. The Committee will be holding public hearings on the Bill in Toronto on Thursday, November 15, 2018. For those parties who wish…

Human Resources Legislative Update

On November 7, 2018, the government of Ontario posted proposed changes to regulations made under the Employment Standards Act, 2000 (ESA) in support of the ESA amendments introduced by Bill 47, Making Ontario Open for Business Act, 2018. Proposed Changes to O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing,…

Human Resources Legislative Update

On April 26, 2018, Bill 3, the Pay Transparency Act, 2018, passed Third Reading, as amended by the Standing Committee on Social Policy. As we previously reported, Bill 3 enacts new rules governing the disclosure of information about the compensation of employees and prospective employees. Among other things, it requires “employers” (as the term is…

Human Resources Legislative Update

On March 20, 2018, the Ontario government reintroduced its pay transparency legislation in the form of Bill 3, Pay Transparency Act, 2018. See our post of March 6, 2018, Ontario Introduces Pay Transparency Legislation, for more information about the Bill. The earlier iteration of this Bill had died on the order paper when the Legislature…

Human Resources Legislative Update

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…

Reaching Out

Dear Friends, With winter winding down, although not yet completely over, it is time to provide the 2016 Winter Edition of Reaching Out. In it, we discuss legal developments since our last edition that you will want to know about. Carolyn Kay and Stephanie Jeronimo of our Toronto office have provided an update on the…

FTR Now

The Ontario Pay Equity Hearings Tribunal (the “Tribunal”) recently issued a long-awaited decision in Ontario Nurses’ Association v Participating Nursing Homes (“Nursing Homes“). At issue in this case was the Unions’ assertion that in order to maintain pay equity using the proxy method, employers were required to return to their proxy employer to obtain up-to-date…

Reaching Out

Dear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…

FTR Now

Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…

FTR Now

In light of recent concerns regarding the outbreak of Ebola abroad, the Ontario Ministry of Labour (“MOL”) has been conducting a series of Ebola preparedness investigations targeting hospitals and paramedic services. In this FTR Now, we outline best practices for handling an investigation by the MOL and consider the right of employees – including health…

News

The Ontario Superior Court recently considered the deductibility of short term disability (“STD”) and long-term disability (“LTD”) benefits from a notice award. It concluded that STD benefits could be deducted because the benefits were provided as salary continuance, the plaintiff had not contributed directly to their cost and the cost was absorbed by the employer…

Case In Point

As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…

FTR Now

On May 22, 2014, the Supreme Court of Canada issued a significant employment law decision in McCormick v. Fasken Martineau DuMoulin LLP. In this case, the Court found that an equity partner of a law firm was not an employee for the purposes of the British Columbia Human Rights Code. However, the Court also stated…

News

The Human Rights Tribunal of Ontario recently provided helpful guidance for employers and educational institutions which are faced with potential unrest due to competing opinions or political views, the genesis of which might be one’s place of origin or ethnic origin. In the case at hand, which involved the removal by a university of controversial…

Case In Point

In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…

Case In Point

Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…

Reaching Out

Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…

School Board Update

On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…

Raising the Bar

On behalf of the Litigation Practice Group at Hicks Morley, we are delighted to introduce the inaugural issue of Raising the Bar. Our goal is to provide you with timely information and analysis about the key litigation-related legal developments that will have an impact on employers. Our focus is squarely on giving you the practical…