No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract

In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…

Ontario Government Proposes New Public Sector Compensation Restraint Legislation

On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…

Ontario Introduces New BPS Accountability, Transparency Legislation (Bill 179)

On March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014, proposed legislation intended to enhance oversight and increase transparency in the broader public sector (“BPS”). Proposed measures in the Bill identified in the government’s press release would, among other matters: authorize the government to control compensation…

Canada Labour Code Amendments (Bill C-45) to Come into Force April 1, 2014

Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….

Ontario Introduces Legislation Tying Minimum Wage to CPI

Further to the Ontario government’s previously reported commitment to tie future minimum wage increases to the province’s Consumer Price Index, Bill 165, the Fair Minimum Wage Act, 2014 was introduced on February 26, 2014. Bill 165 would amend the Employment Standards Act, 2000 and create a new section 23.1, setting out a framework for the…

Reaching Out – Fifth Edition

Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…

Ontario Introduces New Immigration Legislation

On February 19, 2014, the Ontario government introduced Bill 161, the Ontario Immigration Act, 2014, proposed legislation that would, if passed, create a new framework for the recruitment, selection and admission of skilled workers in the province, and establish a significant inspection, investigation and enforcement regime. Among other matters, Bill 161 provides for the establishment by…

Ontario Files ESA Regulatory Amendment Implementing New Minimum Wage Effective June 1, 2014

As previously reported, Ontario’s minimum wage is increasing to $11 effective June 1, 2014. On February 14, 2014, the Ontario government filed O. Reg. 31/14 amending O. Reg. 285/01 made under the Employment Standards Act, 2000 (Exemptions, Special Rules and Establishment of Minimum Wage) to implement these changes.

Federal Budget 2014

On February 11, 2014, the Minister of Finance, the Honourable James Flaherty, tabled the 2014 Federal Budget “The Road to Balance: Creating Jobs and Opportunities” (Economic Action Plan 2014). This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. TAX INITIATIVES…