On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….
Practice Area: Employment Law
Advantage CPD: Bad Faith Damages – How Employers Can Avoid and Defend These Claims
In this session, we will discuss what constitutes bad faith in the employment context and how it applies to different phases of the employment relationship. We will address employer conduct leading up to termination, at the time of termination, during the post-termination period and during litigation—each of which can have an effect on an award for bad faith damages.
Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed
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
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.
Hicks Morley Named a Top Labour & Employment Boutique Firm for 2024–2025 by Canadian Lawyer Magazine
Hicks Morley is pleased to announce the firm has once again been named a Top Labour & Employment Boutique Firm.
Federal Government Launches Employment Equity Tool on Workforce Data
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…
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Human Resources Professionals Association (HRPA): Decoding the Codes: What’s the Impact of Bills 79 and 149?
In a session titled, “New Year, New Law: Unveiling Bill 79 and Anticipating Bill 149 – Insights for Success,” Diane Harbin will begin by decoding Bill 79 and examining recent updates to the legislation. She will discuss crucial provisions such as the inclusion of remote workers in the establishment definition, mass termination obligations and heightened fines for occupational health and safety violations.
Ontario Seeking Employer Feedback on the Ontario Immigrant Nominee Program
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…