Practice Area: Employment Law

Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed

· 7 min read

On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…

Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional

· 1 min read

On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…

Eleanor Vaughan Quoted in Canadian HR Reporter Article About Recent Class Action Settlement

Canadian HR Reporter interviewed Hicks Morley’s Eleanor Vaughan for an article titled, “When small errors add up: Federal Court awards $817 million for class action benefits underpayment.” In light of the recent decision Manuge v. Canada, Eleanor notes how payment errors and other employment-related issues can open employers up to risk and how class action liability in those cases can be significant.

Federal Government Launches Employment Equity Tool on Workforce Data

· 1 min read

On February 2, 2024, the federal government launched a new website, Equi’Vision. It is an employment equity tool which the government states provides “user-friendly, easily comparable data on workforce representation rates and the pay gaps” experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. These groups are the designated groups under…

Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program

· 1 min read

For employers who are involved with the Ontario Immigrant Nominee Program, the Ministry of Labour, Immigration, Training and Skills Development is seeking feedback on the employer job offer streams as well as employer experience with the Program, among other things. Employers wishing to provide feedback may do so by completing the Ministry’s survey, found on…

Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits

· 5 min read

In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…

Ontario Launching New Long-Term Care Home Investigations Unit

· 1 min read

The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…

Looking Ahead to 2024: A Newsletter for Social Services Employers

· 10 min read

Dear Friends, As we welcome 2024, we are back with another edition of Reaching Out. Over the last year, we have seen our social services clients continue to deal with budget challenges and labour shortages. Many are providing permanent and/or hybrid remote work arrangements, where possible, to attract and retain employees. Accordingly, we provide a…