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Practice Area: Employment Law
The Hydro-Québec Decision: Restoring Balance to the Accommodation Analysis
INTRODUCTION Following on the heels of its recent decisions in McGill University Health Centre and Honda Canada Inc. v. Keays, the Supreme Court of Canada has issued yet another helpful decision dealing with the employer’s duty to accommodate. In Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ),…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
Government to Review the ESA “Elect To Work” Exemption and the Use of Temporary Help Agencies
On May 21, 2008, the Ontario Ministry of Labour released a consultation paper entitled A Consultation Paper on Work through Temporary Help Agencies. The paper is seeking input on a number of issues specifically related to Temporary Help Agencies, including: barriers to permanent employment (whether through fees or contractual restrictions); fees charged to workers by…
Update on Family Day
Immediately following last year’s provincial election, the Ontario Government created a new public holiday under the Employment Standards Act, 2000 (the “ESA”) – Family Day, which falls on the third Monday of each February. Shortly after the introduction of the new holiday, employers turned their mind to the question of whether they would be required…
Termination of Municipal Officers: The New Rules
This Client Update follows up on our March 2008 Update regarding the Supreme Court of Canada’s landmark decision in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII). As discussed in the previous Update, the Supreme Court significantly reformed the law relating to the termination of public office holders. The Court clearly signalled that where office…
Ontario Budget 2008
INTRODUCTION Amid growing economic uncertainty, the Honourable Dwight Duncan, Ontario’s Minister of Finance, tabled the 2008 Ontario Budget, “Growing a Stronger Ontario” before the Ontario Legislature on March 25, 2008. A possible U.S. recession, a Canadian dollar hovering near parity with the U.S. greenback, soaring energy and resource costs, and relentless competition from overseas have…
Employment Standards Update
Employers should take note of some recent developments under Ontario’s Employment Standards Act, 2000. RENEWAL OF EXCESS HOURS APPROVALS For employers who have in place an excess hours agreement that was approved for a three-year term by the Director of Employment Standards in the spring of 2005, the time has come to apply for a…
New Job-Protected Leave for Military Reservists
In this issue: Background A New Job-Protected Leave Employee Obligations Employer Obligations On December 3, 2007, the Ontario government introduced and passed Bill 2, the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007. In part, this legislation amends the Employment Standards Act, 2000 (the “ESA”) to create a new job-protected leave for…
Ontario Election 2007: A New Public Holiday and More
IN THIS ISSUE: A New Holiday Minimum Wage Changes Uploading of Social Service Costs School Boards Business The Health Platform On October 11th, the Ontario Liberal Party won the provincial election, and will enjoy a majority government led once again by Premier Dalton McGuinty. While much of the media coverage of the election campaign focused…