Practice Area: Employment Law

Scott Williams Quoted in Law Times

Hicks Morley’s Scott Williams was quoted in an article entitled “What’s the Definition of Sister-in-Law”, in the March 2, 2015 edition of Law Times . Scott comments on a recent grievance involving a claim by an employee of North York General Hospital in Toronto, who sought 3 days of bereavement leave for her husband’s sister’s…

Solicitor-Client Privilege Does Not Necessarily Arise Where Lawyer Copied on Internal HR Email

· 2 min read

Is an email sent by a human resources employee and copied to the employer’s lawyer covered by solicitor-client privilege? The Ontario Superior Court of Justice recently answered this question in Jacobson v. Atlas Copco Canada Inc. This action involved a plaintiff’s claim for wrongful dismissal. His employment had been terminated for allegedly participating in a…

Ontario to Consult on Labour and Employment Reform

· 3 min read

On February 17, 2015, the Ontario government announced the launch of public consultations to consider reforms to the Labour Relations Act, 1995 (“LRA”) and the Employment Standards Act, 2000 (“ESA”) in light of the “changing nature of the modern workplace.” In this FTR Now, we highlight key issues that will be under review, and how…

Ontario Publishes Review of AODA and Recommendations

· 1 min read

On February 13, 2015, the Ontario government published a report on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) by Mayo Moran, Provost and Vice-Chancellor of Trinity College at the University of Toronto. The report constitutes the second legislative review of the AODA, and outlines her recommendations to the government, which include: renewal of…

Ontario to Launch Public Consultations on Labour and Employment Legislation

· 1 min read

On February 17, 2015, the Ontario government announced the launch of public consultations on the Labour Relations Act, 1995 and Employment Standards Act, 2000. The consultations will include an examination of the following workplace issues: non-standard working relationships, including temporary jobs, part-time work, and self-employment; the service sector; globalization and trade liberalization; technological change; and…

City Did Not Breach Duty to Accommodate When it Declined Firefighters’ Request for Exception to Mandatory Retirement Policy

· 6 min read

In a recent decision, Corrigan v. Corporation of the City of Mississauga [1], the Divisional Court dismissed an application for judicial review of a decision of the Human Rights Tribunal of Ontario (the “Tribunal”), which found that the City of Mississauga did not breach its procedural duty to accommodate when it declined to accommodate suppression…

Federal Court of Appeal Breaks the Tie: Without Cause Dismissals Permitted Under Canada Labour Code

· 5 min read

The Federal Court of Appeal has acted as a “tie-breaker” on a “nagging legal point” as to whether Part III of the Canada Labour Code (“Code”) permits dismissals on a without cause basis. In Wilson v. Atomic Energy of Canada Limited, the Court unanimously held that it does, bringing welcome clarity to an area of…

New Federal Holiday Pay Formula Effective March 16, 2015

· 6 min read

Effective March 16, 2015, significant reforms to the general holiday provisions of Part III of the Canada Labour Code will come into force. The amendments include the introduction of a new “holiday pay” formula and the elimination of certain qualifying requirements. In this FTR Now, we highlight key aspects of these pending changes and the…

Hicks Morley Hits the Bull’s-Eye in 2015 Lexpert®/American Lawyer Guide

Hicks Morley is pleased to announce it has once again ranked as the leading law firm in the Labour Relations and Pensions category according to the 2015 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Practice groups included in this category are Employment Law, Labour Relations, Labour Relations (Construction Sector), Occupational Health & Safety,…