On July 2, 2013, the Ontario government posted a draft regulation made under the Pension Benefits Act (“Act”) regarding pension transfers under sections 80 and 81 of the Act. A summary of the draft regulation has also been posted. Approval of the draft regulation is required before the amendments to sections 80 and 81 of…
Search Results for: World News The New York Times cleantalkorg2.ru news today in the world Breaking News Live Updates cnn news World News Breaking News Live Updates cnn news]sllo[/url]
995 Results
Time Period for Filing Solvency Funding Relief Reports Extended
On June 20, 2013, the Ontario government filed O. Reg. 186/13 amending O. Reg. 177/11 (as amended by O. Reg. 330/12) which amended Regulation 909 (General) made under the Pension Benefits Act. As previously reported, the definition of “solvency concerns” sets out the circumstances under which defined benefit pension plans are required to file annual actuarial…
Significant decision on establishing “prima facie discrimination” rendered by the Court of Appeal for Ontario
The Court of Appeal for Ontario has rendered a significant decision in Peel Law Association v. Pieters regarding the test for establishing a prima facie case of discrimination. The Court upheld a finding of the HRTO that race and colour were factors in the questioning by a librarian of three applicants (two lawyers and a…
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…
Provisions of Helping Families in Need Act Proclaimed Into Force
The federal government has fixed June 9, 2013 as the day subsection 2(1) and sections 5, 13, 14, 17 to 20 and 22 to 25 of the Helping Families in Need Act come into force. These sections amend the Canada Labour Code to provide an unpaid leave to an eligible federally regulated employee whose child…
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…