Hicks Morley’s Stephen Shamie was quoted in The Globe and Mail on June 4, 2015, in an article entitled, “B.C. judge reserves ruling in CFL concussion suit“. The article discusses a lawsuit filed by Arland Bruce, a former CFL wide receiver, against the CFL. The lawsuit alleges that Mr. Bruce ‘suffered a concussion during a…
Practice Area: Employment Law
Stephanie Jeronimo and Julia Nanos Publish Two Articles in the Summer Edition of OMHRA’s Newsletter ECHO
Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored two articles in the summer edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the first article, entitled “New ESA Provisions now in Effect (Don’t Forget about the Posters!)“, the new rules are reviewed and the impact they will have on municipal employers. In…
Courts Differ on Termination Provisions and Need for Future Compliance with ESA
Over the last few years, courts have been reluctant to enforce different “ESA only” termination provisions due to ambiguity. However, not all judges have taken the same position with respect to what constitutes an ambiguous termination provision. The following two cases offer differing views on termination provisions in employment contracts and future compliance with the…
New Police Record Checks Reforms Introduced
On June 3, 2015, the Ontario government introduced Bill 113, the Police Record Checks Reform Act, 2015, legislation that would, if passed, implement a new process governing requests for searches of the Canadian Police Information Centre databases, or other police databases, in connection with screening an individual for certain purposes. Among other things, the Bill would: authorize…
Michael Hines Quoted in the Toronto Star
Hicks Morley’s Michael Hines was quoted in a May 20, 2015 Toronto Star article entitled “New bargaining law unclear on teacher strikes, hearing told“. The article refers to a ruling on whether three Ontario high school strikes are illegal, based on a new law that does not seem to clearly ban local strikes over centrally…
Employment Standards Enforcement Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour has announced that it will do province-wide enforcement blitzes of workplaces that employ “new, young and vulnerable workers engaged in “precarious employment”” and temporary foreign workers to ensure that employers are complying with their obligations under the Employment Standards Act, 2000. The blitzes will take place from May 1 to…
Ontario Begins Consultations on Labour and Employment Reform
On May 14, 2015, the Ontario government formally commenced the "Changing Workplaces" consultations first announced in February. To facilitate this process, the government also published a guide outlining the scope of the consultations, the specific issues on which the government is soliciting feedback and instructions on how to participate. You can view the government’s announcement…
2015 Spring Edition
FOCUS ON HUMAN RIGHTS All-pervasive: human rights in the workplace LEGAL DEVELOPMENTS Medical marijuana and the workplace: what’s your legal obligation? Preventing sexual harassment in the workplace PROFILE Diversity first Download PDF
(Yet Another) Ambiguous “ESA-only” Termination Provision Unenforceable
Another “ESA-only” termination provision in an employment contract has been found unenforceable by the Ontario Superior Court. In Howard v Benson Group, the Court decided that the termination provision providing only Employment Standards Act, 2000 (“ESA”) minimum entitlements was ambiguous; therefore, the common law applied and the plaintiff was entitled to reasonable notice of termination….
New ESA Compliance Obligations in Force May 20, 2015
Effective May 20, 2015, amendments to the Employment Standards Act, 2000 (“ESA“) compliance obligations will come into force. These include new poster requirements and new powers for employment standards officers to order employer “self-audits.” In this FTR Now, we will review the new rules, and the impact that they will have on employers in Ontario….