On September 12, 2014, the Canada Employment Insurance Commission (“CEIC”) announced that the 2015 Employment Insurance (“EI”) Maximum Insurable Earnings rate will increase to $49,500 from $48,600 in 2014. Premiums will be reduced by $0.34 per $100 of insurable earnings for residents of Quebec covered under the Quebec Parental Insurance Plan. Accordingly, those residents will…
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Small Business Job Credit and New EI Rate-Setting Mechanism Announced
On September 11, 2014, the federal government announced the introduction of the Small Business Job Credit (“Credit”), which is intended to provide tax relief for small employers. The Credit effectively lowers the Employment Insurance (“EI”) premium rate for eligible businesses from the current, legislated rate of $1.88, to $1.60 per $100 of insurable earnings in…
Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act
In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…
Benefits Canada Publishes an Article by Natasha Monkman
An article co-authored by Hicks Morley’s Natasha Monkman was published in the August 6, 2014 edition of Benefits Canada. Many employers are concerned with the volatile funding of defined benefit pension plans. On the other hand, there is concern that defined contribution pension plans will not provide adequate retirement income for employees. The article entitled, “The future of workplace…
Reaching Out – Sixth Edition
Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…
Ontario Reintroduces Legislation Amending Workplace Laws (Formerly Bill 146)
On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), proposed legislation that would, if passed, make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act,…
Ontario Budget 2014
On Monday, July 14, 2014, the newly elected Liberal government introduced the 2014 Ontario Budget. As was pledged by Premier Wynne during the election campaign, the new Budget is virtually identical to the version that was first tabled on Thursday, May 1, 2014 (and which triggered the recent election). The newly tabled Budget is still…
Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…
Common Law Notice – Can Employers Deduct STD and LTD Payments?
As demonstrated by the Ontario Superior Court’s recent decision in Diamantopoulos v. KPMG LLP (“KPMG“), the answer to this question is still “it depends.” In determining the issue, courts will look at a number of contextual factors to determine “the intention of the parties” when they entered the employment agreement. In KPMG, the plaintiff commenced a…
The Ontario Bar Association Publishes an Article by Jacqueline Luksha
The Ontario Bar Association published an article authored by Hicks Morley’s Jacqueline Luksha in their May 28, 2014 edition entitled, “The Duty to Investigate Workplace Complaints Under the Ontario Human Rights Code…Is hind-sight really 20/20?” In the article, Jacqueline discusses lessons learned from Scaduto v. Insurance Search Bureau, including the importance of employers carrying out…