A federal election has been called for September 20, 2021. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now we provide guidance to employers on their obligations to their employees under the Canada Elections Act. When do employers have to provide paid time off to vote? Under the…
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.
Human Resources Legislative Update
Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL
On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…
School Board Update
Update on Immunization Disclosure Policy for School Boards
On August 17, 2021, the Ontario government announced that COVID-19 vaccination policies will be made mandatory in certain settings including, but not limited to, publicly funded school boards, private schools and licensed child care settings for the 2021-22 school year. On August 18, 2021, the Minister of Education outlined further details of this initiative in…
Case In Point
Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA
In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
FTR Now
Ontario Requires Proof of Vaccination in Certain Settings, and More
On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…
College Update
Vaccination Instructions for Colleges Issued by Ontario Chief Medical Officer of Health
On August 30, 2021, the Ontario Chief Medical Officer of Health issued instructions (Instructions) to certain organizations in the post-secondary education sector regarding the implementation of a mandatory vaccine policy for employees, staff, contractors, volunteers and students. The Instructions recognize that some employees, staff, contractors, volunteers and students may remain unvaccinated. The Instructions have…
Reaching Out
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Case In Point
Uber Employment Status Class Action Certified
Justice Perell of the Ontario Superior Court of Justice has certified a class action brought by Uber drivers in Uber Technologies Inc. v. Heller, finding that there were certifiable common issues with respect to whether drivers may have been misclassified as independent contractors within the meaning of the Ontario Employment Standards Act, 2000 (ESA). The…
FTR Now
Employers Now Required to Follow Advice of Chief Medical Officer of Health on Vaccination Policies
On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…
Case In Point
Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision
In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…