In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…
Practice Area: Employment Law
Federal Government Designates September 30 as Public Holiday for National Day for Truth and Reconciliation
On June 3, 2021, Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation), received Royal Assent. It officially designates September 30 of each year as National Day for Truth and Reconciliation. This marks a new public holiday under the Canada Labour Code (Code).
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…
Ontario to Enter Step 1 of Reopening on June 11, 2021
The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
Hicks Morley Welcomes Associate Mornelle Lee
Hicks Morley is pleased to announce that Mornelle Lee has joined the firm as an associate in our Toronto office. Mornelle will advise and represent both public- and private-sector employers on a wide range of employment issues including wrongful dismissal claims, employment standards, workplace safety and insurance, employment contracts, human rights and accommodation, harassment complaints, class actions and related court litigation.
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Hicks Morley Welcomes Bonnie Roberts Jones as Counsel
Craig Rix, Managing Partner of Hicks Morley, is pleased to announce that Bonnie Roberts Jones has joined the firm as Counsel. With over 24 years of broad-based civil litigation experience, Ms. Roberts Jones brings that wealth of knowledge to our growing litigation group.
Bonnie Roberts Jones
Bonnie Roberts Jones is counsel to Hicks Morley in its Toronto office. Having practised for 25 years, she provides advice on a wide range of civil and commercial matters including executive termination advocacy, shareholder disputes, directors’ liability, defamation and contractual disputes. Bonnie has significant class action experience, having acted on a number of these unique…
Mornelle Lee
Mornelle advises and represents employers on a wide range of employment issues including wrongful dismissal claims, employment standards, workplace safety and insurance, employment contracts, human rights and accommodation, harassment complaints, class actions and related court litigation.
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.