THE SUSTAINABILITY CRUNCH Collective bargaining in hard economic times BARGAINING PENSIONS Employer stampede to DC plans? PROFILE Labour Relations DRUG AND ALCOHOL TESTING Legal principles begin to crystallize Download PDF
Practice Area: Employment Law
Employer Bulletin: Influenza A(H1N1)
You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…
Amendments Made to Temporary Help Agency Bill
On December 10, 2008, we notified clients of the Ontario Government’s plan to amend the Employment Standards Act, 2000 to regulate temporary help agencies. In our FTR Now, “Newsflash: Ontario Government to Amend the Employment Standards Act, 2000”, we discussed the content and impact of Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies),…
Federal Government Consults on Changes to Labour Standards
The Federal Government has launched a consultation process to determine whether changes should be made to federal labour standards legislation, which is found in Part III of the Canada Labour Code (the “Code”) and the Canada Labour Standards Regulations. The consultations cover a wide range of subjects, and, if acted upon, would have a significant…
The Supreme Court Rules on the Enforcement of Restrictive Covenants
In an important decision released today, the Supreme Court of Canada has found that restrictive covenants in employment contracts intended to limit an employee’s right to compete against its employer after the employment relationship ends will be unenforceable if they contain ambiguous language or unreasonable terms, subject only to very limited exceptions. This case sends…
Newsflash: Ontario Government to Amend the Employment Standards Act, 2000
Yesterday, the Ontario Government introduced Bill 139, the Employment Standards Amendment Act (Temporary Help Agencies), 2008, and also announced related changes to the ESA regulations. These changes will affect any employer or organization that: (1) employs “elect to work” or casual employees; (2) is a temporary help agency; or (3) uses the services of a…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
School Board Update
IN THIS ISSUE Hicks Morley Negotiation Support Services Human Rights Tribunal of Ontario Defers to Special Education Tribunal Occasional Teacher Timetables Duties of Principals Burden of Proof in Discharge Cases Accommodation of Religious Holidays TPA Arbitration and Motion for Non-Suit School Security and Office Staff HICKS MORLEY NEGOTIATION SUPPORT SERVICES Did you know that more…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
Federal Election 2008: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for October 14, 2008. Under the Canada Elections Act, all employees who are electors – Canadian citizens who are 18 years of age or older as of the date of the election – are entitled to 3 consecutive hours on election day, during voting hours, to cast their votes….