In Lancia v. Park Dentistry, the Ontario Superior Court found that an employer who wished to change the terms of employment did not constructively dismiss a long-term employee because she was provided with 18 months’ working notice as well as a new contract with a signing bonus. The plaintiff worked as dental hygienist for the…
Practice Area: Employment Law
It’s All in the Timing – Minimum Standards and When Employees Are Considered to be “Working”
In this edition of the Monitor, we will summarize a few recent cases on the topic of when an employee is “working” and entitled to compensation. These cases demonstrate that not all travel time is compensable, that pre-employment training time can be compensable, and that an employer can determine that a meal break must be taken in the workplace as long as it is uninterrupted.
Appellate Court Finds Employee Entitled to Bonus Which Vested after the End of the Notice Period
In Bain v. UBS Securities Canada Inc., the Ontario Court of Appeal upheld a lower court decision which awarded an employee who was dismissed without cause in February 2013 his bonus entitlements for 2012 and the first three months of 2013, as well as for the 18-month notice period. David Bain worked for UBS as…
Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018
On April 1, 2018, amendments to the Employment Standards Act, 2000 regarding equal pay for equal work will come into force. Among other things, the provisions prohibit employers from paying different rates of pay to their employees because of a difference in employment status, where the employees perform substantially the same kind of work in…
Ontario Legislature Prorogues, New Session to Commence March 19, 2018
On March 15, 2018, the Ontario Legislature was prorogued and an announcement made that the new session of the Legislature would open with a Throne Speech on Monday March 19, 2018. As a result of the prorogation, any Bills which were not passed died on the order paper, including Bill 203, the Pay Transparency Act,…
Court Rules Sexual Harassment Allegations Against Manager Outside Scope of Release with Employer
In Watson v The Governing Council of the Salvation Army, the plaintiff sued her former manager (Manager) for sexual harassment after having already settled the termination of her employment with her former employer, the Salvation Army. In her statement of claim, she sought a damage award for negligence, intentional infliction of emotional harm and breach…
Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative
On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…
Federal Budget 2018
On February 27, 2018 the federal government tabled its 2018 Budget, Equality & Growth: A Strong Middle Class (Budget). The Budget contains several key initiatives, including a new Employment Insurance parental sharing benefit, the permanent extension and expansion of the Employment Insurance Working While on Claim pilot project…
2018 Federal Budget Tabled
On February 27, 2018, the federal government tabled its Budget 2018, Equality + Growth: A Strong Middle Class. We are currently reviewing the Budget and an FTR Now which highlights initiatives of particular interest to employers, human resource professionals and pension plan administrators will be available shortly on our website. (Editor’s Note: Our FTR Now,…
Ontario Court Finds Investment Firm Liable for Defamation in a Notice Of Termination Filed with IIROC and Orders Correction
The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…