On June 19, 2019, the government published two regulatory proposals which relate to the Employment Standards Act, 2000 (ESA) and for which the government is inviting feedback by August 5, 2019.
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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.
Ontario Health and Safety Regulations Amended
On June 10, 2019, the Ontario government filed a number of amendments to regulations made under the Occupational Health and Safety Act. O. Reg. 186/19 replaces the “Equivalency” provision of Regulation 851 (Industrial Establishments) with a new provision entitled “Alternative methods and materials.” It now requires employers to provide written notice to the joint health…
Significant Canada Labour Code Reforms to Come Into Force September 1, 2019
The federal government has proclaimed September 1, 2019 as the coming into force date for several changes to the Canada Labour Code (Code) as enacted by Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). As a result of co-ordinated coming into force provisions, a number of substantive amendments to the Code contained in Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86) will also come into force on September 1, 2019.
Ontario Clarifies DB Funding Reforms under the Pension Benefits Act
On May 21, 2019, the Ontario government filed Regulation 105/19 amending Regulation 909 (General Regulation) under the Pension Benefits Act (PBA). The amendments mainly relate to clarifying elements of the defined benefit (DB) funding rules that took effect on May 1, 2018. Many of the new clarifications have been requested by the pension industry over…
Ontario Budget Bill (Bill 100) Passes
As previously reported, on April 11, 2019, the Ontario government released its 2019 Budget and introduced Bill 100, Protecting What Matters Most Act (Budget Measures), 2019. Bill 100 received Royal Assent on May 29, 2019. Of particular interest to employers and human resource professionals are the amendments made to the following statutes: Public Sector Labour…
Appellate Court Considers Sale of Business and Duty to Mitigate
In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
Appellate Court Finds Waiver of Common Law Notice Valid, Considers Continuity of Service under ESA
In Ariss v NORR Limited Architects & Engineers, the Ontario Court of Appeal upheld a decision of a motion judge who considered the appellant’s entitlements under the common law and the Employment Standards Act, 2000 (ESA) upon termination. Background In 1986, the appellant began employment with a company which was sold to the respondent employer…
Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Public Sector
Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.
Andrew Zabrovsky Quoted in the Law Times on Labour Arbitrators Leading Cases on Opioid Addiction
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”