710 Results

There is Nothing Common About a Constructive Dismissal

In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…

Mandatory Retirement Legislation For Firefighters Introduced (Age 60)

On Monday, April 18, 2011, the Honourable Charles Sousa, Ontario’s Minister of Labour, introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011. If passed, Bill 181 will amend the Fire Protection and Prevention Act, 1997 in two significant areas. First, it will create a framework for addressing the issue of mandatory retirement for…

Mandatory Retirement Legislation For Firefighters Introduced (Age 60)

On April 18, 2011, the Ontario government introduced Bill 181, the Fire Protection and Prevention Amendment Act, 2011, legislation that would, if passed, amend the Fire Protection and Prevention Act, 1997 to provide for the mandatory retirement at age 60 of firefighters regularly assigned to fire suppresion duties, in certain circumstances. In addition, the legislation…

Damages at Arbitration – the Divisional Court Comments on an Arbitrator’s Jurisdiction

Last year, Arbitrator Owen Shime issued his now well known decision against the Greater Toronto Airport Authority (“GTAA”) for the wrongful termination of an employee who had been on sick leave. The decision was judicially reviewed and the outcome highly anticipated given the significant principles at stake. This FTR Now reviews the recent decision of…

Non-Construction Employer Declaration Provision in LRA Constitutional

On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…

A Roadmap to Federal Pension Reform

On April 1, 2011, amendments to the Pension Benefits Standards Regulations (“PBSR“) came into effect that alter the rules regarding the funding and operation of pension plans governed by the Pension Benefits Standards Act, 1985 (“PBSA“). Since 2009, the Federal Government has taken a number of steps to reform the PBSA and the PBSR. This…

Consolidated “Confined Spaces” OHSA Regulation Filed

On March 29, 2011, the Ontario government filed amendments to Regulation 632/05 (Confined Spaces) that come into force on July 1, 2011. O. Reg. 95/11 will effectively consolidate regulatory requirements relating to confined spaces from various other regulations into the existing Regulation 632/05, including those applicable to industrial establishments, construction projects, healthcare and residential facilities…

Ontario Budget 2011 – Highlights for Employers

INTRODUCTION On March 29, 2011, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the government’s 2011 Budget, “Turning the Corner to a Better Tomorrow”, before the Legislature and simultaneously introduced omnibus legislation amending a variety of statutes to implement some of these initiatives through Bill 173, the Better Tomorrow for Ontario Act (Budget Measures),…

Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure

One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…

Federal Budget 2011

The Minister of Finance, the Honourable James M. Flaherty, tabled the Government of Canada’s 2011 Budget “A Low-Tax Plan for Jobs and Growth” in the House of Commons on March 22, 2011. In this FTR Now we review the key aspects of the Budget that are of most interest to employers and human resources professionals….