On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…
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.
FTR Now
Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional
On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…
Human Resources Legislative Update
Federal Government Launches Employment Equity Tool on Workforce Data
On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…
Human Resources Legislative Update
Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program
For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…
Common Ground? Class Action Updates
Federal Court Approves $817 Million Settlement in Disability Class Action
Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…
Federal Post
Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
Human Resources Legislative Update
Ontario Launching New Long-Term Care Home Investigations Unit
The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…
Human Resources Legislative Update
Ontario Human Rights Commission Issues Policy Position on Caste-Based Discrimination
The Ontario Human Rights Commission (Commission) recently released a policy position addressing the issue of caste-based discrimination and confirming the Commission’s perspectives concerning caste-based discrimination as a form of intersectional discrimination contrary to the Ontario Human Rights Code (Code). In its Policy Position on Caste-Based Discrimination (Policy Position), the Commission provides its views on whether…
Human Resources Legislative Update
IPC Power to Determine Administrative Monetary Penalties Takes Effect
On January 1, 2024, changes to the General Regulation made under the Personal Health Information Protection Act (PHIPA) took effect (see O. Reg. 343/23). The changes stipulate how the Information and Privacy Commissioner of Ontario (IPC) determines the amount of administrative monetary penalties (AMPs) issued as part of its enforcement powers for violations of PHIPA….
Reaching Out
Looking Ahead to 2024: A Newsletter for Social Services Employers
Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…