Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
Practice Area: Employment Law
No Duty to Mitigate Where Employment Contract Silent on Mitigation
The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…
Ontario Releases Proposed Amendments to Integrated Accessibility Standards Regulation
On August 15, 2012, the Ontario government published proposed amendments to the Integrated Accessibility Standards Regulation (IAS) (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005 for public consultation. The amendments, once finalized, are expected to come into force the later of January 1, 2013, or the day they are filed. The…
Pay Equity Guide Now Available
The Pay Equity Commission has published “A Guide to Interpreting Ontario’s Pay Equity Act” (August 2012). The Guide provides an overview of the interpretation by the Pay Equity Office of the minimum requirements of the Pay Equity Act, and is primarily intended to provide employers with guidance as to their obligations under that legislation.
Ontario Government Publishes Integrated Accessibility Standards Guide and Compliance Tool
The Ontario Ministry of Community and Social Services has published “A Guide to the Integrated Accessibility Standards Regulation” dated July 2012. The Integrated Accessibility Standards (IAS) Regulation was made under the Accessibility for Ontarians with Disabilities Act, 2005. It came into force on July 1, 2011 and affects nearly all organizations in Ontario. The Guide…
Federal Government Creates Panel on Labour Market Opportunities for Persons with Disabilities
Further to its Economic Action Plan 2012, the federal government has announced the creation of a Panel on Labour Market Opportunities for Persons with Disabilities. The Panel has been charged with identifying private sector successes and best practices regarding labour market participation of persons with disabilities. It will also identify barriers and disincentives to employment…
House of Commons Adjourns Until September 17, 2012
On Thursday, June 21, 2012, the federal House of Commons adjourned until 11:00 a.m. (EDT) on Monday, September 17, 2012.
EI Regulations Giving Effect to Federal Budget 2012 Initiatives Now in Force
On June 20, 2012, Regulations Amending The Employment Insurance Regulations (“Regulations”) were registered and are now in force. Pilot Project No. 14, Pilot Project for Calculating Benefit Rate Based on Claimant’s 14 Highest Weeks of Insurance Earnings (Best 14 Weeks), previously scheduled to end on June 23, 2012, is extended by the Regulations and will…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Federal Budget Bill Receives Royal Assent
On June 29, 2012, Bill C-38, Jobs, Growth and Long-term Prosperity Act, received Royal Assent. Bill C-38 is omnibus legislation intended to give effect to certain key initiatives outlined in the federal government’s Budget 2012. For more information about Bill C-38, see our April 27, 2012 blog post and our FTR Now, “Federal Budget 2012…