In its first “gig economy” decision, the Ontario Labour Relations Board (Board) has concluded that Foodora couriers are dependent contractors and therefore may unionize. Foodora is a web services company that provides an online marketplace platform connecting consumers to restaurants, through the use of couriers. Board’s Test for Dependent Contractor Status In Canadian Union of…
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.
School Board Update
Kindergarten Class Size Caps, Right to Remain Silent During a Board’s Investigation and More…
In our first School Board Update of 2020, we discuss recent decisions of interest which look at kindergarten class size caps, whether a grievor had the right to remain silent during a school board’s investigation and whether a grievor was entitled to accommodation in respect of her commute to work. We also provide links to…
HR HealthCheck
Management Rights, Sick Leave under HOODIP and More
In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
Human Resources Legislative Update
Ontario Safety Blitz to Target Construction Sites, Roadworks
The Minister of Labour, Training and Skills Development has announced that from February 4, 2020 to March 13, 2020, Ontario workplace inspectors will be conducting a safety blitz targeting construction sites and roadwork projects. During this blitz, inspectors will be focusing on personal protective equipment (PPE) which may include a variety of items, depending on…
Federal Post
Modernizing Federal Labour Standards, and More
In this Federal Post, we look at the recently released study on modernizing labour standards in the federally regulated private sector, the second such study in the last few years.
College Update
College Update: 2019 Year in Review
2019 was a busy year in the College sector. We thought it would be useful to review some of the significant human resource issues from 2019 as these cases may impact your approaches in 2020. Curl up by the fire and have a read. Happy New Year!
FTR Now
New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect
In December 2019, the Supreme Court of Canada established a new framework that is designed to guide courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v Vavilov and the two companion appeals heard together in Bell Canada v Canada (Attorney General) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.
FTR Now
Pension Law 2020: A Clear Look at the Latest Pension Law Reforms
In this FTR Now, we highlight the new pension rules that are of particular interest to employers and pension plan administrators.
FTR Now
Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control
The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.
FTR Now
New Year – New Standard of Review
Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.