The holiday season is around the corner – and with it come festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority. In this FTR Now, we identify a number of proactive measures employers should consider in planning for a safe holiday celebration. Over the years,…
Practice Area: Employment Law
Federal Government Proposes Priority Hiring for Injured Veterans Act (C-11)
On November 7, 2013, the federal government introduced Bill C-11, the Priority Hiring for Injured Veterans Act. If passed, this legislation would amend the Public Service Employment Act to establish a priority appointment over all other persons for certain members of the Canadian Forces who are released for medical reasons attributable to service, and who…
Registered Human Resources Professionals Bill Passes, Now in Force
On November 6, 2013, Bill 32, the Registered Human Resources Professionals Act, 2013, passed Third Reading and received Royal Assent, as amended by the Standing Committee on Regulations and Private Bills. The Committee amendments add “Certified Human Capital Professional” and “Certified Human Capital Leader” to the Designations in Table 1. As previously reported, Bill 32…
2013 Fall Edition
FOCUS ON LONDON Hicks Morley in London: 20 years and counting LEGAL DEVELOPMENTS Update on universal random drug and alcohol testing in Canada Best practices on termination PROFILE London office original Download PDF
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Court of Appeal for Ontario Considers Enforceability of Restrictive Covenants
The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…
2013 Federal Budget No. 2 (Bill C-4)
On October 22, 2013, the federal government introduced the Economic Action Plan 2013 Act, No. 2, omnibus legislation that would, if passed, implement measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. Budget Bill items of interest to employers, human resources professionals and pension plan administrators…
Ontario Court of Appeal Decision Underscores Importance of Properly Drafted Restrictive Covenants
A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
Federal Government Announces Budget Bill No. 2
On October 22, 2013, the federal government announced the introduction of the Economic Action Plan 2013 Act, No. 2. The Bill would, if passed, implement key measures from Economic Action Plan 2013 (the Budget), as well as certain previously announced tax measures. Among other things, the Bill would: freeze Employment Insurance premium rates for three…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…