The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
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HRTO Affirms Its Primary Function is to Determine Whether Code Breached
An offer of monetary compensation by an employer to end a proceeding before the Human Rights Tribunal of Ontario was rejected by the Tribunal. While the Tribunal noted that it would be expeditious to stop the hearing on the basis of this offer, it would neither be fair nor just: the applicant had not agreed…
Can Hospitals Impose a Dress Code that Prohibits Large Tattoos and Excessive Body Piercings in a Unionized Environment?
Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…
Certain Education Act Regulations Revoked
On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013: Regulation 287 of R.R.O. 1990 – Designation of School Divisions Regulation 288 of R.R.O. 1990 – Designation of Support Staff Regulation 289 of R.R.O….
Education Act Regulation “Sick Leave Credits and Sick Leave Credit Gratuities” Amended
On January 21, 2013, the Ontario government filed O. Reg. 11/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. Among other things, O. Reg. 11/13: increases to 11 (from 10) the number of sick leave days per year for which an applicable permanent employee is eligible;…
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…
Regulatory Changes to 2013-2014 Professional Activity Days Filed under Education Act
On January 21, 2013, the Ontario government filed O. Reg. 13/13, amending Regulation 304, School Year Calendar, Professional Activity Days, made under the Education Act. Among other things, O. Reg. 13/13 amends subsection 2(3.1) (requirement that every school year shall include a minimum of 194 school days as designated) to add that for the school…
Frank Cesario Quoted in Law Times
Hicks Morley’s Frank Cesario was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Cole prompts vigorous debate on privacy at work”. The Supreme Court of Canada’s recent decision in R v. Cole suggests that employees do retain some reasonable expectation of privacy in personal data stored on employer-owned…
Nortel Pension Plans Regulation Filed
On January 15, 2013, the Ontario government filed O. Reg. 10/13, Nortel Pension Plans, made under the Pension Benefits Act (“Act”) In May 2011, the Act was amended to allow all pensioners of two specified Nortel Networks pension plans to transfer the commuted value of their benefits out of the plans. O. Reg. 10/13 prescribes…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…