Dear Friends, We are excited to bring to you our first edition of the Federal Post, a newsletter designed exclusively for federally regulated employers. The Federal Post discusses issues that are topical, timely and important. It will cover the gamut of matters which impact your workplace, from human rights to minimum standards to labour relations…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Case In Point
Over the last few years, courts have been reluctant to enforce different “ESA only” termination provisions due to ambiguity. However, not all judges have taken the same position with respect to what constitutes an ambiguous termination provision. The following two cases offer differing views on termination provisions in employment contracts and future compliance with the…
FTR Now
Ontario Government to Amend Workplace Laws
· 6 min readOn May 28, 2015, the Ontario government introduced Bill 109, the Employment and Labour Statute Law Amendment Act, 2015, proposed legislation intended to effect a number of changes to workplace laws, including: the labour relations provisions of the Fire Protection and Prevention Act, 1997 ("FPPA"); the Public Sector Labour Relations Transition Act, 1997 ("PSLRTA"); and…
Reaching Out
Reaching Out – Eighth Edition
· 21 min readDear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…
FTR Now
Changes to the Federal Pension Investment Rules
· 7 min readIn March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…
Human Resources Legislative Update
The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…
Case In Point
Another “ESA-only” termination provision in an employment contract has been found unenforceable by the Ontario Superior Court. In Howard v Benson Group, the Court decided that the termination provision providing only Employment Standards Act, 2000 (“ESA”) minimum entitlements was ambiguous; therefore, the common law applied and the plaintiff was entitled to reasonable notice of termination….
Human Resources Legislative Update
On April 7, 2015, the Financial Services Commission of Ontario (“FSCO”) published a revised Application for Registration of a Pension Plan, Form 1 and added new frequently asked questions for plan administrators (“FAQs”) with respect to Multi-Jurisdictional Pension Plan Asset Transfers, among other things. The Form 1 has been updated to provide FSCO with additional…
Case In Point
The recent decision in Luney v. Day & Ross Inc. is good news for employers. The Plaintiff worked for an interprovincial trucking company subject to the Canada Labour Code (“Code”). The Defendant terminated the Plaintiff’s employment without cause and offered the Plaintiff a severance package that it asserted was consistent with the termination clause in…
Human Resources Legislative Update
Ontario Publishes Review of AODA and Recommendations
· 1 min readOn February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…