Recently, both the Ontario and federal governments launched significant new initiatives intended to promote inclusivity and ensure equitable treatment of trans and non-binary gendered persons, with a particular focus on gender identification information…
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Supreme Court of Canada Majority Rules “Unjust Dismissal” Provisions of Canada Labour Code Prohibit Without Cause Dismissals of Non-Unionized Employees
In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.
Ontario, Federal Governments Launch Gender Inclusivity Initiatives
On June 29, 2016, the Ontario government announced significant new initiatives intended to promote inclusivity and ensure equitable treatment of trans and non-binary gendered persons…
Employer’s Egregious Mistreatment of Disabled Employee Leads to Increase in Damages Award
In a recent wrongful dismissal case, Strudwick v. Applied Consumer & Clinical Evaluations Inc., the Court of Appeal increased the amount of damages awarded to an employee from $113,782 to $240,000, for what the Court of Appeal described as “a marked departure from any conceivable standard of decent behaviour” in an employer’s treatment of its employee…
Appellate Court Considers Intentions of Parties, Finds an ESA-Only Termination Clause Valid
We previously reported on a decision in which a motion judge of the Ontario Superior Court considered…
Arbitrator Rules MOE Memo Restricting Payment of Post-Retirement Benefits Cannot Override Terms of Employment Contract
In Piddisi v Toronto Catholic District School Board, a decision released on June 7, 2016, Arbitrator William Marcotte awarded a retired Supervisory Officer (SO) formerly employed by the Toronto Catholic District School Board (TCDSB) damages for the TCDSB’s failure to pay premiums for post-retirement benefits…
Third Round of Ontario Temporary Solvency Funding Relief for DB Pension Plans is Now in Force July 1, 2016
Following the release last month of draft Regulations, the Ontario government has now adopted amendments…
Siobhan O’Brien Quoted in The Lawyers Weekly on Transgender Rights Bill C-16
Siobhan O’Brien was quoted in the June 10, 2016 issue of The Lawyers Weekly regarding Bill C-16, which proposes to include gender identity…
Finalized Regulations Extend Temporary Solvency Funding Relief in Ontario
Effective July 1, 2016, amendments to Regulation 909 first proposed on…
WSIAT Finds WSIB’s Fatal Claim Premium Adjustment Policy Contrary to WSIA
In a recent decision, the majority of a Workplace Safety and Insurance Tribunal (Tribunal) Panel ruled that the WSIB’s Fatal…