In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…
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Province Introduces Back-to-Work Legislation
On May 25, 2015, the Ontario government introduced Bill 103, the Protecting the School Year Act, 2015. Bill 103 is back-to-work legislation intended to bring an end to ongoing strikes at three school boards – the Durham District School Board, the Peel District School Board and the Rainbow District School Board (collectively, the “School Boards”)….
Reaching Out – Eighth Edition
Dear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…
Changes to the Federal Pension Investment Rules
In March 2015, the federal government published final regulations amending investment rules under the Pension Benefits Standards Regulations, 1985 (“Regulations”). These reforms apply to federally registered pension plans and to pension plans registered in provincial jurisdictions that have adopted Schedule III of the Regulations, as amended (the “Federal Investment Rules” or “FIR”). As we previously…
Employment Standards Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…
Ontario Begins Consultations on Labour and Employment Reform
On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…
2015 Spring Edition
FOCUS ON HUMAN RIGHTS All-pervasive: human rights in the workplace LEGAL DEVELOPMENTS Medical marijuana and the workplace: what’s your legal obligation? Preventing sexual harassment in the workplace PROFILE Diversity first Download PDF
(Yet Another) Ambiguous “ESA-only” Termination Provision Unenforceable
Another “ESA-only” termination provision in an employment contract has been found unenforceable by the Ontario Superior Court. In Howard v Benson Group, the Court decided that the termination provision providing only Employment Standards Act, 2000 (“ESA”) minimum entitlements was ambiguous; therefore, the common law applied and the plaintiff was entitled to reasonable notice of termination….
New ESA Compliance Obligations in Force May 20, 2015
Effective May 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA“) compliance obligations will come into force. These include new poster requirements and new powers for employment standards officers to order employer “self-audits.” In this FTR Now, we will review the new rules, and the impact that they will have on employers in Ontario….
WSIB Rate Framework Reform: Stakeholder Input Invited
On March 31, 2015, the Workplace Safety and Insurance Board (“WSIB”) released a number of discussion papers which propose a preliminary Rate Framework which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets its premium rates. Under the proposal, the Secondary Injury and Enhancement Fund (“SIEF”) and existing experience…