On March 19, 2015, the Ontario government announced that the general minimum wage will increase from $11 to $11.25 per hour, effective October 1, 2015. A list of the new minimum wage rates for students, liquor servers, hunting and fishing guides and homeworkers is available on the Ministry of Labour’s website. Background information on the…
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Supreme Court of Canada On Pregnancy and Parental Leave Top-Ups
The Supreme Court of Canada recently upheld a decision of a British Columbia arbitrator which had found that denying birth mothers entitlement to parental supplemental employment (“SEB” or “top-up”) benefits where they had received pregnancy SEB plan benefits was discriminatory. The issue before the arbitrator turned on an interpretation of the collective agreement in place…
Ontario Releases Action Plan to Stop Sexual Violence and Harassment
On March 6, 2015, the Ontario government published It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, a targeted action plan (“Plan”) to address sexual violence and harassment in Ontario, in part through significant legislative reforms and sector-specific training initiatives. Among other things, the Plan will target sexual violence and harassment in…
Ontario to Consult on Labour and Employment Reform
On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…
Ontario to Launch Public Consultations on Labour and Employment Legislation
On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…
City Did Not Breach Duty to Accommodate When it Declined Firefighters’ Request for Exception to Mandatory Retirement Policy
In a recent decision, Corrigan v. Corporation of the City of Mississauga [1], the Divisional Court dismissed an application for judicial review of a decision of the Human Rights Tribunal of Ontario (the “Tribunal”), which found that the City of Mississauga did not breach its procedural duty to accommodate when it declined to accommodate suppression…
Supreme Court Expands “Freedom of Association” and Recognizes Right to Strike
In three decisions released in late January, 2015, the Supreme Court of Canada has once again revisited, and expanded, the reach of section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter“), which guarantees “freedom of association”. In two cases involving the RCMP, the Court held that the unique bargaining scheme imposed on…
2015 Winter Edition
FOCUS ON KNOWLEDGE MANAGEMENT Inside knowledge management: how it benefits you LEGAL DEVELOPMENTS Top ten legal developments of 2014 The 2015 compliance challenge PROFILE From northern frontier to eastern shores Download PDF
Court Upholds Two-Year Limit on LOE Benefits for Workers Age 63 or Older
The Ontario Divisional Court’s recent decision upholding the two-year limitation on loss of earnings (“LOE”) benefits for workers age 63 and older should reassure employers that Ontario courts take notice that LOE benefits are not meant to be paid for life. Section 43(1)(c) of the Workplace Safety and Insurance Act (“WSIA”) limits LOE entitlement for…
Stephanie Jeronimo and Julia Nanos Publish an Article in the Winter Edition of OMHRA’s Newsletter ECHO
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…