Effective June 16, 2015, significant reforms to the existing federal union certification and decertification processes will come into effect as a result of key amendments to the Canada Labour Code, the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act. These amendments were enacted by Bill C-525, Employees’ Voting Rights Act, Private…
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Significant Reforms to Federal Union Certification and Decertification Regime
On December 16, 2014, Bill C-525, Employees’ Voting Rights Act, received Royal Assent. This omnibus legislation amends the Canada Labour Code (“Code”), the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act to significantly reform the existing federal union certification and decertification processes under these three statutes. Of particular note to…
Ontario Releases ORPP Consultation Paper
On December 17, 2014, the Ontario government released a consultation paper inviting feedback on key design details and essential components of the Ontario Retirement Pension Plan (“ORPP”), including: defining a “comparable workplace pension plan,” to clarify membership in the ORPP; a minimum earnings threshold below which low-income workers would be exempt from contributions; and retirement…
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
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…
EMS Matters Publishes an Article by Mark Mason and Stephanie Jeronimo
An article authored by Hicks Morley’s Mark Mason and Stephanie Jeronimo was published in the Winter 2014/2015 edition of EMS Matters. The article entitled, “Accommodating Mental Health Disabilities: What are Employers Obligated to Do?” discusses the importance of the duty to accommodate within the workplace. Mark and Stephanie address key issues that employers in the…
Amendments Filed to Regulation Made Under Ontario Pension Benefits Act
The Ontario government has filed O. Reg. 235/14, amending Regulation 909 of the Pension Benefits Act (“PBA”) in respect of new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”), requirements to provide periodic statements to former and retired members and the content of annual member statements. Draft regulations (“Draft Regulations”) were previously released for…
Ontario Files Regulation under PBA Regarding SIPPs and Requirements for Disclosure Statements
On November 27, 2014, the Ontario government filed O. Reg. 235/14, amending Regulation 909 made under the Pension Benefits Act (“PBA”). O. Reg. 235/14 establishes new rules regarding Statements of Investment Policies and Procedures (“SIP&Ps”). It requires that a SIP&P be filed with the Superintendent of Financial Services within 60 days after January 1, 2016…
Arbitrators Address Off-Duty Social Media Comments
Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…
FSCO Extends Filing Deadline for EPPA-Related Plan Amendments
As we recently reported, on November 19, 2014, the Alberta government announced that plan sponsors or administrators could request and receive an extension of the deadline for filing plan amendments required under Alberta’s new Employment Pension Plans Act (“EPPA”) from December 31, 2014 to March 31, 2015. The Financial Services Commission of Ontario (“FSCO”) has…