We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…
Practice Area: Employment Law
Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract
In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…
ESA and AODA Changes Employers Should Note
Employers should be aware of recent changes related to the Employment Standards Act, 2000 (ESA) – a new Hours of Work and Overtime Pay…
New ESA Rules for Tips and Gratuities Now in Effect
Effective June 10, 2016, reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12…
Summer ESA and OHSA Inspection Blitzes to Focus on New and Young Workers
Among other recently announced initiatives, the Ministry of Labour is conducting two province-wide enforcement and prevention inspection blitzes…
Extended Day and Third Party Program Regulation Filed Under the Education Act
On May 9, 2016, the Ontario government filed O. Reg. 129/16 made under the Education Act. O. Reg. 129/16 amends O. Reg. 221/11 (Extended Day and Third Party Programs) and is the supporting regulation to amendments made to the Education Act by the Child Care Modernization Act, 2014. Those amendments set out requirements for a…
Ontario Re-Introduces Bill to Protect Students
On May 17, 2016, the Ontario government re-introduced legislation to improve the discipline and investigation processes of the Ontario College of Teachers…
New ESA “Tips and Gratuities” Exemption for Prescribed Credit Card Charges
On May 6, 2016, the Ontario government prescribed a regulatory exemption for certain credit card payment processing fees in connection with pending reforms to the Employment Standards Act, 2000 (ESA) enacted by Bill 12, Protecting Employees’ Tips Act, 2015. Ontario regulation 125/16 (Tips and Other Gratuities) provides that the definition of “tips and gratuities” in…
Federal Post – Third Edition
Along with the arrival of spring, we are pleased to bring you the first Federal Post edition of 2016, our newsletter designed exclusively for federally regulated employers…
Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause
The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…