In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), Arbitrator Stephen Raymond found that a mandatory vaccination policy (Policy) which required long-term care home employees to receive three doses of the COVID-19 vaccine was reasonable. The employer, the Regional Municipality of York, operates two long-term care homes….
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 Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…
FTR Now
On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
FTR Now
Employers should be aware of imminent changes to an employee’s entitlements to the Infectious Disease Emergency Leave (IDEL), made under the Employment Standards Act, 2000 (ESA) in response to the COVID-19 pandemic. On July 21, 2022, the Ontario government announced that it is extending entitlement to the three days of paid IDEL (Paid IDEL) for…
Case In Point
On June 8, 2022, in Rahman v. Cannon Design Architecture Inc., the Court of Appeal reiterated that Waksdale is supreme in Ontario. The Decision Below In September 2021, a judge of the Superior Court determined on the facts of the case before him that a contractual provision in an employment agreement which denied entitlements upon…
Case In Point
In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to be ambiguous and overly broad, and therefore unenforceable. Background In 2014, Mr. Norton, with the assistance of legal counsel, entered into an employment…
Human Resources Legislative Update
As we noted previously, the Ontario government has passed Bill 27, Working for Workers Act, 2021. Among other things, Bill 27 amends the Employment Standards Act, 2000 (ESA) to require employers with 25 or more employees to have a written policy with respect to disconnecting from work, as defined. (For more information about Bill 27,…
FTR Now
The Ontario provincial election will be held on June 2, 2022. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote. In some circumstances, this may require employers to provide certain employees with paid time off to vote. For most of the province, voting…
Human Resources Legislative Update
On May 2, 2022, the Office of the Superintendent of Financial Institutions (OSFI) issued a notice regarding new instruction guides that will be of interest to administrators of pension plans registered under the Pension Benefits Standards Act, 1985. As the notice explains, administrators filing certain applications requiring the Superintendent’s approval will now need to do…
FTR Now
Remaining COVID-19 Orders to be Revoked
· 4 min readThe Ontario government has filed a regulation which will revoke all remaining COVID-19 regulations (Orders) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, effective April 27, 2022. This action is further to the government’s previous announcement of its intention to lift all remaining COVID-19 measures, directives and Orders by this date….