The Ontario government and the Workplace Safety and Insurance Board (WSIB) have announced that eligible Schedule 1 employers will receive a credit to their WSIB accounts in February 2025. The WSIB has noted that strong financial and operational factors have led to a surplus beyond the WSIB reserve factor, triggering a payout of the surplus…
Insights
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.
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Case In Point
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Case In Point
While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…
FTR Now
On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…
FTR Now
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Human Resources Legislative Update
A recent amendment to the Workplace Safety and Insurance Act, 1997 regulations has resulted in the creation of a new Workplace Safety and Insurance Board (WSIB) classification which will allow temporary employment agencies (TEAs) to report the supply of administrative, clerical and knowledge-based labour under one classification for premium-setting purposes. This new classification will take…
School Board Update
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Reaching Out
Summer 2024 Updates for Social Services Employers
· 10 min readDear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Human Resources Legislative Update
As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…
Human Resources Legislative Update
Ontario Budget Bill Receives Royal Assent
· 1 min readAs discussed in our April 3, 2024 FTR Now, on March 26, 2024, the Ontario government tabled its 2024 Budget and introduced Bill 180, Building a Better Ontario Act (Budget Measures), 2024 (Bill 180). Bill 180 received Royal Assent on May 16, 2024. Employers, human resources professionals and pension plan administrators should be aware of…