2066 Results

Reminder: Equal Pay for Equal Work Provisions in Force April 1, 2018

On April 1, 2018, amendments to the Employment Standards Act, 2000 regarding equal pay for equal work will come into force. Among other things, the provisions prohibit employers from paying different rates of pay to their employees because of a difference in employment status, where the employees perform substantially the same kind of work in…

HRTO Finds No Discrimination Where Use of Medical Marijuana at Worksite Breached Zero Tolerance Policy

In Aitchison v L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (HRTO) found that an employer did not discriminate against the applicant when his employment was terminated for smoking marijuana while at work, which was contrary to the employer’s “zero tolerance” policy. The applicant was employed as a seasonal painter…

Human Resources Professionals of Ontario (HRPAO) Conference: A New Beginning: The Intelligence Revolution

Overview New and Evolving Issues in Workplace Accommodation Workplace accommodation is one of the most challenging issues facing both employers and service providers. Legal developments emerging from human rights tribunals, arbitration boards and courts across Canada have imposed additional challenges, expanded obligations, and the need to think “outside the box” as employers and service providers…

Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative

On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…

Canadian Employment Safety and Health Guide Publishes an Article by Allison MacIsaac on the Scope of Occupational Health and Safety Obligations

Hicks Morley’s Allison MacIsaac authored an article in Canadian Employment Safety and Health Guide titled “Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers.” The article discusses the Ontario (Labour) v. Quinton Steel (Wellington) Limited case where an appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, where they found that employer should have done more to protect its workers than what is prescribed under the Occupational Health and Safety Act.

FSCO Launches Targeted Compliance Review of Member Option Statements

In March, 2018, the Financial Services Commission of Ontario (FSCO) will commence a targeted review of pension plan member option statements to verify compliance with key requirements under the Pension Benefits Act (Act) and FSCO policies. In particular, FSCO will focus its targeted review on whether plan administrators are: meeting requirements for statement content and…

Are Service Providers Liable for Harassment Between Customers? The Divisional Court Weighs In

In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…

Ontario Court Finds Investment Firm Liable for Defamation in a Notice Of Termination Filed with IIROC and Orders Correction

The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…

Supreme Court of Canada Finds Employers Have Duty to Accommodate Under Workers’ Compensation Legislation

The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…