In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….
Practice Area: Employment Law
Hicks Morley Touted as the ‘Best Boutique in Canada’ in the Legal 500 Canada 2017 Labour and Employment Rankings
Hicks Morley has again been recognized as a leader in the field of Labour and Employment law by the Legal 500 Canada 2017 guide. Stephen Shamie was listed among the “Leading lawyers” nationwide…
Arbitrator Orders New Sick Leave Provisions for ETFO Teachers
In an important interest arbitration award, Arbitrator William Kaplan accepted the proposal of the Ontario Public School Boards Association (OPSBA) and the Crown to add two specific sick leave provisions to the central terms of the Elementary Teachers Federation of Ontario (ETFO) teachers’ collective agreements…
Federal Post – Fourth Edition
We are pleased to bring you the final 2016 edition of the Federal Post, our newsletter designed exclusively for federally regulated employers…
Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism
In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…
Chambers Canada 2017 Recognizes Hicks Morley Lawyers as Leaders in their Fields
Hicks Morley has been ranked in Chambers Canada 2017 in the areas of Employment & Labour, Nationwide – Canada and Ontario and Pensions & Benefits, Nationwide – Canada. Stephen Shamie is commended for his ability to deal with sophisticated labour relations issues and is described as “knowledgeable and highly regarded.” Henry Dinsdale is regarded as a “go-to labour and employment lawyer” with extensive experience representing employers in collective bargaining and union certification matters…
Appellate Court Finds Non-Compete Clause Unreasonable and Overly Broad
In a recent decision regarding the enforceability of a restrictive covenant, Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal upheld the decision of a motion judge that the restrictive covenant at issue constituted an unenforceable non-compete clause…
Minimum Wage to Increase on October 1, 2016
As previously reported, on October 1, 2016, the general minimum wage in Ontario will increase from $11.25 to $11.40 an hour. This minimum wage applies to most employees…
Craig Rix Quoted by Canadian HR Reporter on the Changing Workplaces Review
Craig Rix was quoted in the September 5, 2016 article, “Ontario looking to make changes to labour laws,” which details the updating of the 1995 Labour Relations Act and 2000 Employment Standards Act with the Changing Workplaces Review. The July interim report raised concerns over card-based certification, precarious work and better enforcement…
ESA Blitz This Fall to Target Repeat Violators
The Ministry of Labour has announced that from September 1, 2016 to October 31, 2016, employment standards officers will conduct blitzes targeting employers who have a history of non-compliance with the Employment Standards Act, 2000 (ESA). The blitz will primarily target sectors where there is a level of precarious employment, including personal care and professional…