801 Results

2013 Summer Edition

FOCUS ON WATERLOO Hicks Morley in Waterloo: nearly a quarter century…and counting LEGAL DEVELOPMENTS An update on Bill 168 – what we’ve seen to date Workplace safety – two small words that require an employer’s undivided attention PROFILE Police and beyond Download PDF

OCA Affirms Termination Clause in Employment Contract Does Not Violate ESA

The Court of Appeal for Ontario has upheld a motion judge’s finding that a termination provision in an employment contract was not an attempt to contract out of the Employment Standards Act, 2000 (“ESA”). In Dimson v. KTI Kanatek Technologies Inc., the plaintiff had been terminated and in accordance with his employment contract, he was…

WSIB Announces 2014 Premium Rates

On July 12, 2013, the WSIB announced that its premium rates for Schedule 1 employers will remain at current levels for 2014. The maximum insurable earnings ceiling for 2014 will be $84,100, an increase of 1.1% from $83,200 in 2013.

The Supreme Court of Canada Strikes Down Random Alcohol Testing Policy

On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…

Court Upholds Discharge for Sexual Harassment

In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…

Employment Standards Blitzes Announced for Ontario Workplaces

The Ontario Ministry of Labour has announced that it will conduct province-wide blitzes under the Employment Standards Act, 2000 (“Act”) as a proactive enforcement measure to ensure compliance with the Act. From May 2013 to August 2013, the blitzes will focus on vulnerable workers in certain sectors including manufacturing and distribution, construction and recreation. From October…

Majority of SCC Finds Employer Exceeded its Management Rights in Implementing Random Alcohol Testing Policy

Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified. In the absence of evidence of an existing workplace alcohol use problem, it concluded that a dangerous workplace was not, on its own, reason…

Written Notice of Termination Upheld Where Employees Could Not Work during Notice Period

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…

Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?

In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…