814 Results

Mandatory Retirement Legislation For Firefighters Ordered for Third Reading as Amended

On May 19, 2011, Bill 181, the Fire Protection and Prevention Amendment Act, 2011, was ordered for Third Reading after being reported as amended by the Standing Committee on General Government. The Committee amended the “Reasonable Accommodation” provision found in section 2 of the Bill to provide as follows: 53.1(4) A firefighter shall not be…

Mandatory Retirement Legislation For Firefighters Referred to Committee

On May 11, 2011, Bill 181, the Fire Protection and Prevention Amendment Act, 2011, was ordered referred to the Standing Committee on General Government. As previously reported, Bill 181 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…

The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights

On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…

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…