1008 Results

Case In Point

The Ontario Court of Appeal has once again considered a minimum entitlements clause in an employment contract and ruled it to be generally enforceable. In Nemeth v Hatch Ltd., an employee with 19 years service was dismissed with 8 weeks’ notice of termination and 19.42 weeks’ salary as severance pay, as well as continued benefits…

Case In Point

An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….

Minimum Standards Monitor

In a decision rendered on September 26, 2017, an Ontario court held that an employer violated the Employment Standards Act, 2000 (ESA) when it failed to file a Form 1 with the Ministry of Labour (MOL) on the same date that that the employer provided approximately 12 months’ working notice of termination to 77 employees. As a result, the employer was not given any credit for the working notice period that preceded the date it filed the Form 1 with the MOL – a period of over one year. Rather, common law damages will be assessed on the basis of a much smaller working notice period of less than 8 weeks. This decision signals that the failure to file a Form 1 contemporaneously with the giving of notice of mass termination may have costly implications for employers.

Human Resources Legislative Update

Supporting Regulations to Bill 148 Now Available

· 5 min read

On December 18, 2017, the Ontario government filed the following regulations in support of amendments made by Bill 148, Fair Workplaces, Betters Jobs Act, 2017, to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 (LRA): Regulations Made Under the ESA: 1.   O. Reg. 526/17 amends O. Reg. 285/01 (Exemptions, Special Rules and…

Human Resources Legislative Update

On December 14, 2017, Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017, received Royal Assent. Bill 177 is omnibus legislation which amends several statutes, including the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Pension Benefits Act and the Broader Public Sector Executive Compensation Act. Workplace Safety and Insurance…

FTR Now

Bill 175: Restructuring Policing in Ontario

· 8 min read

The Ontario government has introduced a package of legislative measures intended to significantly restructure the way policing is governed in the province. The proposed legislation, Bill 175, the Safer Ontario Act, 2017, will repeal and replace the existing Police Services Act (PSA) and introduce several new statutes designed to improve accountability, oversight and community safety. Learn more in this FTR Now.

FTR Now

This is a short note to our college and university clients – all of whom provide various services to their communities that are properly characterized as “health care” and therefore governed by the Personal Health Information Protection Act. Recent amendments to PHIPA give rise to questions about personal health information governance and the proper identity…