Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored an article in the winter edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the article, entitled “Off-Duty Social Media Posts by Employees can be Cause for Discipline – Including Discharge” three recent arbitrations are examined, where the grievors had been discharged for off-duty posts…
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Maintaining a Workplace Free of Sexual Harassment
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
Omnibus Workplace Laws Bill Receives Royal Assent (Bill 18)
On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) received Royal Assent, as amended by the Standing Committee on General Government. Among other matters, effective February 20, 2015 (i.e. three months after Royal Assent): the $10,000 cap on orders to pay wages under s. 103(4) of the…
The Ministry of Labour and Ebola Preparedness
In light of recent concerns regarding the outbreak of Ebola abroad, the Ontario Ministry of Labour (“MOL”) has been conducting a series of Ebola preparedness investigations targeting hospitals and paramedic services. In this FTR Now, we outline best practices for handling an investigation by the MOL and consider the right of employees – including health…
Omnibus Workplace Laws Bill Amended at Committee Stage (Bill 18)
On November 4, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) was reported back to the Legislature as amended by the Standing Committee on General Government, and has been ordered for Third Reading. Among other things, the Committee’s amendments will accelerate the coming into force of key amendments, including the following…
Paul Broad Quoted in Law Times
Hicks Morley’s Paul Broad was quoted in the October 6, 2014 edition of Law Times magazine in an article entitled “Labour lawyers watching as SCC pronounces on key employment law issues.” Among other things, Paul comments on the Saskatchewan Federation of Labour v. Saskatchewan decision, currently on reserve at the Supreme Court of Canada, which…
New Employment Standards Leaves of Absence Coming Into Effect October 29, 2014
Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…
Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal
On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
Proposed Investment Rule Changes for Registered Pension Plans
On September 19, 2014, the Department of Finance Canada released proposed amendments to the federal Pension Benefits Standards Regulations, 1985 (“PBSR”). The proposed amendments would modernize the pension investment rules applicable to pension plans registered in many Canadian jurisdictions. Specifically, these changes will, if adopted as drafted, impact the investments that are permitted to be…
Long-Awaited Federal Pension Regulations are Proposed
On September 19, 2014, the federal government released long-awaited regulations for public comment that would, if adopted as drafted, implement significant reforms to the current framework governing federally-regulated private pension plans. Investment-related reforms will also have implications for Ontario regulated pension plans, and for pension plans regulated by other provinces where such jurisdictions have adopted…