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Federal Court of Appeal Breaks the Tie: Without Cause Dismissals Permitted Under Canada Labour Code

· 5 min read

The Federal Court of Appeal has acted as a “tie-breaker” on a “nagging legal point” as to whether Part III of the Canada Labour Code (“Code”) permits dismissals on a without cause basis. In Wilson v. Atomic Energy of Canada Limited, the Court unanimously held that it does, bringing welcome clarity to an area of…

Court Upholds Two-Year Limit on LOE Benefits for Workers Age 63 or Older

· 3 min read

The Ontario Divisional Court’s recent decision upholding the two-year limitation on loss of earnings (“LOE”) benefits for workers age 63 and older should reassure employers that Ontario courts take notice that LOE benefits are not meant to be paid for life. Section 43(1)(c) of the Workplace Safety and Insurance Act (“WSIA”) limits LOE entitlement for…

Stephanie Jeronimo and Julia Nanos Publish an Article in the Winter Edition of OMHRA’s Newsletter ECHO

Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored an article in the winter edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the article, entitled “Off-Duty Social Media Posts by Employees can be Cause for Discipline – Including Discharge” three recent arbitrations are examined, where the grievors had been discharged for off-duty posts…

Maintaining a Workplace Free of Sexual Harassment

· 6 min read

Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…

Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable

· 1 min read

The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…

Omnibus Workplace Laws Bill Receives Royal Assent (Bill 18)

· 1 min read

On November 20, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”) received Royal Assent, as amended by the Standing Committee on General Government. Among other matters, effective February 20, 2015 (i.e. three months after Royal Assent): the $10,000 cap on orders to pay wages under s. 103(4) of the…

Ex-pats and Imports – International Employment Law 101 (Accredited)

  Materials Agenda What happens if you transfer employees from France to Canada? Does their employment by the Canadian subsidiary end their employment with the French subsidiary? Which country has jurisdiction over any disputes arising from the termination of employment? Can Canadian lawyers provide advice about the employee’s French employment? If you send an employee…

The Ministry of Labour and Ebola Preparedness

· 8 min read

In light of recent concerns regarding the outbreak of Ebola abroad, the Ontario Ministry of Labour (“MOL”) has been conducting a series of Ebola preparedness investigations targeting hospitals and paramedic services. In this FTR Now, we outline best practices for handling an investigation by the MOL and consider the right of employees – including health…