Hicks Morley’s Mark Mason, Jessica Toldo and Amanda Cohen authored an article in the Canadian Employment Law Today titled “Pregnant Firefighters Can Be Accommodated Outside of 24-hour Shifts: Arbitrator.” The article discusses a recent Ontario arbitral that provided clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts. The arbitrator dismissed the Association’s…
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Arbitrator Determines That Pregnant Firefighters Can Be Accommodated Outside of 24 Hour Shifts
A recent arbitral decision from Arbitrator Jasbir Parmar has provided some much needed clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts.
MOL Announces Safety Blitz Targeted at Summer Students
The Ministry of Labour has announced that it will be conducting safety blitzes focused on summer students with targeted inspections of the retail, restaurant, food, beverage, hospitality and recreational services industries. The blitz will continue until the end of August 2019.
Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…
Diversity Disclosure Requirements under CBCA in force January 1, 2020
As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…
“Non-Construction” Employer Deeming Provision under LRA Now in Force
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…
Gender Identity and Gender Expression
Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.
OMHRA Summer 2019 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers
The Summer 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “Advanced Planning Required by Municipalities to Respond to New Changes to OMERS,” Natasha Monkman discusses how Ontario Municipal Employees’ Retirement System participating employers will need to plan in advance to respond to the changes that will be made effective on January 1, 2021…
If You Are Subject to the Canada Business Corporations Act, Take Note of New Record-Keeping Obligations
Effective June 13, 2019, corporations that are subject to the Canada Business Corporations Act must maintain and provide access to a register of individuals who, directly or indirectly, have “significant control” over the corporation.
Employment and Labour Law Reporter Publishes an Article by Edward O’Dwyer on Contract of Employment Frustration and the Duty to Accommodate
Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.” This article discusses the recent decision of the on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action.