A federal election has been called for October 19, 2015. Under the Canada Elections Act (“Act“) all employees who are electors – Canadian citizens who are 18 years of age or older – are entitled to three (3) consecutive hours on election day during voting hours to cast their vote. In this FTR Now, we…
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Arbitrator Upholds Discharge of Long Service Employee with Clean Record for Theft
In a recent arbitration decision involving a case of petty theft in the workplace, an arbitrator provided very useful guidance on workplace theft and the mitigating factors an employer should take into account in determining the penalty. The…
2015 Fall Edition
FOCUS ON WSIB Workplace safety and insurance – hidden profile, high stakes LEGAL DEVELOPMENTS Bill 168 – Occupational health and safety five years later Developing an attendance management plan: what you need to know PROFILE David J. Bannon Download PDF
Diversity, Equity & Inclusion
At Hicks Morley we are committed to equity and diversity. We strongly believe that embracing each of our different experiences including our cultural and racial backgrounds, gender, family status, ability and disability, sexual orientation and creed brings value to the firm as a whole.
Arbitrators Consider Whether Statutory Freeze Applies to MOU Provisions
In an award dated July 30, 2015 [1] (“CSDCEO Award”), Arbitrator Rowan held that the 97-day delay in salary grid movement for teachers, imposed in various teacher collective agreements by a centrally agreed Memorandum of Understanding (“MOU”), was subject to the statutory freeze in the Labour Relations Act, 1995 (the “LRA”). Therefore, the provision could not…
Andrew Zabrovsky quoted in Law Times
Hicks Morley’s Andrew Zabrovsky was quoted in the September 14, 2015 Law Times article entitled “Employers urged to prepare for new AODA requirements.” The article focuses on the January 1, 2016 deadline for organizations to comply with the Accessibility for Ontarians with Disabilities Act. Andrew feels that employers “can’t wait for December to roll around…
School Board Management Conference
Our School Board Conference will cover a wide variety of topics relevant to Directors of Education, Trustees, Supervisory Officers and Human Resources Practitioners. We will take you first on a “whirlwind tour” of recent developments in labour, employment and education law. This will be followed by a plenary session on critical issues concerning the changing landscape in school board collective bargaining. Following a buffet lunch, we will invite you to attend two afternoon workshops of your choice.
Changes to Personal Health Information Privacy Legislation Introduced
On September 16, 2015, the Ontario government introduced Bill 119, Health Information Protection Act, 2015, which would amend the Personal Health Information Protection Act, 2004 (“PHIPA”) and repeal and replace the Quality of Care Information Protection Act, 2004 (“QCIPA”). With respect to PHIPA amendments, if passed Bill 119 would, among other things: require health custodians to…
Raising the Bar – Tenth Edition
“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…
Court Awards Consultant 8 Months’ Notice for 2 Years of Service
A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…