Ontario Court Voids Termination Provision for Non-Compliance with the Employment Standards Act

In Miller v. A.B.M. Canada Inc., the Ontario Superior Court again nullified a termination provision in an employment contract because it did not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”). The plaintiff worked for the defendant for 17 months in a middle management position at an annual salary of $135,000.The…

2014 Summer Edition

Focus on Information Management and Privacy Information and privacy – the HR sphere and beyond Legal Developments A diminished expectation: computer use policies and privacy in the post- world New policy sheds light on gender discrimination prevention People Privacy, please Download PDF

Another Reminder to Employers: Draft Termination Notice Provisions with Care

The Ontario Superior Court has reaffirmed that if a termination provision in an employment contract does not strictly comply with the requirements of the Employment Standards Act, 2000 (“ESA”), it will be considered null and void. In Miller v. A.B.M. Canada Inc., the plaintiff, Mr. Miller, was a management accountant. He was hired into the position…

Reaching Out – Sixth Edition

Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…

Ontario Passes Budget Bill, Adjourns

On July 24, 2014, the Ontario government passed Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014, and the House adjourned for the summer break. It will resume sitting in October. More information on Bill 14 and its impact on your organization is available in our FTR Now of July 17, 2014, “Ontario…

Ontario Reintroduces Healthcare Reform Legislation to Enhance Patient Care, Pharmacy Safety

On July 22, 2014, the Ontario government introduced Bill 21, the Safeguarding Health Care Integrity Act, 2014 (“Bill 21”). In part, the amendments outlined in Bill 21 reintroduce healthcare reform measures first proposed in Bill 117, Enhancing Patient Care and Pharmacy Safety (Statute Law Amendment) Act, 2013, which had not been passed before the June election….

Ontario Reintroduces Legislation Amending Workplace Laws (Formerly Bill 146)

On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), proposed legislation that would, if passed, make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act,…

Ontario Reintroduces Legislation Amending Workplace Laws

On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”). If passed, Bill 18 would make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance…

Ontario Budget 2014

On Monday, July 14, 2014, the newly elected Liberal government introduced the 2014 Ontario Budget. As was pledged by Premier Wynne during the election campaign, the new Budget is virtually identical to the version that was first tabled on Thursday, May 1, 2014 (and which triggered the recent election). The newly tabled Budget is still…

Ontario Government Re-Introduces Budget 2014, New Budget Bill

On July 14, 2014, the Ontario government re-introduced its 2014 Budget, entitled Building Opportunity, Securing Our Future (the “Budget”). On the same day, it tabled Bill 14, Building Opportunity and Securing Our Future Act (Budget Measures), 2014. The amendments outlined in Bill 14 are similar, but not identical, to measures proposed in the May 2014 Budget Bill…