On April 26, 2018, Bill 3, the Pay Transparency Act, 2018, passed Third Reading, as amended by the Standing Committee on Social Policy. As we previously reported, Bill 3 enacts new rules governing the disclosure of information about the compensation of employees and prospective employees. Among other things, it requires “employers” (as the term is…
Practice Area: Employment Law
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
Ontario Proposes Establishment of Pay Rate Minimums for Certain Government Contractors
On April 17, 2018, the Ontario government introduced Bill 53, the Government Contract Wages Act, 2018, legislation that would, if passed, permit minimum pay rates to be established for certain private sector construction sectors (roads; heavy engineering; sewers and water mains; and industrial, commercial and institutional), and building security or cleaning services in government owned…
Divisional Court Finds Breach of Sunset Clause Does Not Necessarily Render Employer Discipline Null and Void
In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.
Court Invalidates ESA-Only Termination Clause, Again
In King v DST Systems, the Ontario Superior Court again struck down an Employment Standard Act, 2000 (ESA)-only termination clause – this time for not mentioning benefits.
Arbitrator Finds Co-ordinator Duties Should Be Considered in Assessing Whether a Professor Has Sessional Status
An arbitration award in St Lawrence College and OPSEU Local 417 rendered on March 26, 2018 is potentially very significant to the distribution of work between full-time, sessional, partial load and part-time professors by a college. This College Update reviews the award and its possible impact on college staffing decisions going forward.
Medical Marijuana in Your Workplace: Employer FAQs
Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Ontario Announces Health, Safety and Employment Standards Blitzes
The Ontario government has announced that it will be conducting more than 24 health, safety and employment standards inspection blitzes in 2018-2019 targeted at certain sectors in Ontario, with a view to ensuring statutory compliance. A number of workplaces will be visited, including those in the retail, manufacturing, construction and health care sectors, as well…
Court Finds Emails Between Management and HR Department Not Privileged
A Master of the Ontario Superior Court of Justice recently rejected an employer’s assertion that emails between management and its Human Resources (HR) department were privileged and therefore not subject to disclosure in a constructive dismissal action. He stated that if “management seeks confidentiality in dealing with an employee, it should consult with counsel and…
Hicks Morley Has the Largest Number of Lawyers Recognized in Canada by Who’s Who Legal: Management Labour & Employment 2018
Hicks Morley is proud to announce that we have the largest number of lawyers recognized in Canada by the Who’s Who Legal: Management Labour & Employment 2018 annual international compendium of lawyers from across 87 countries…