Dear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Federal Post
Federal Government Passes Legislation to Ban Replacement Workers
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….
Human Resources Legislative Update
Federal Pay Equity Commissioner May Now Impose Monetary Penalties for Violations of the Pay Equity Act
Recent amendments to the federal Pay Equity Act (PEA) regulations establish a framework for the imposition of administrative monetary penalties (AMPs) for violations of the PEA. This is a significant development that may result in an employer being penalized if it fails to comply with its obligations, including the requirement to establish a pay equity…
Human Resources Legislative Update
Certain Employment Standards Act, 2000 Amendments Take Effect June 21, 2024
On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 (Bill 149) received Royal Assent. Our FTR Now of that date provided an overview of this legislation. A number of the amendments to the Employment Standards Act, 2000 (ESA) contained in Bill 149 take effect June 21, 2024 and are outlined below. Effective June 21, 2024:…
FTR Now
Reminder: Temporary Help Agency and Recruiter Licensing Takes Effect on July 1, 2024
Readers are reminded that the new licensing regime for temporary help agencies (THAs) and recruiters operating in Ontario will take effect July 1, 2024. If you operate as a THA or recruiter, or if you use the services of THAs or recruiters, please read on. If you are doing business in Ontario as a THA…
Human Resources Legislative Update
Information and Privacy Commissioner of Ontario Releases Guidance on Information-Sharing in Situations of Intimate Partner Violence
In May 2024, the Information and Privacy Commissioner of Ontario released Sharing Information in Situations Involving Intimate Partner Violence: Guidance for Professionals (the Guidance). The Guidance was developed as a result of a 2022 coroner’s inquest into three deaths caused by intimate partner violence (IPV). The Guidance is helpful for organizations, service providers and staff…
Raising the Bar
Federal Court Issues Updated Notice Regarding the Use of AI in Court Proceedings
In light of the increasing use of Artificial Intelligence (AI) in the legal profession, the Federal Court has issued an updated notice regarding the use of AI in Court proceedings (Notice). The Notice implements procedural safeguards for the use of AI in legal proceedings and imposes certain duties on counsel with respect to AI use….
Common Ground? Class Action Updates
Court Stays Employee Misclassification Class Action in Favour of Arbitration
In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…
Human Resources Legislative Update
Update on Federal Pay Equity Plan Posting Extension Requests
As discussed in our March 11, 2024 Human Resources Legislative Update, federally regulated employers are required to post their final pay equity plans and notices of pay increases by September 3, 2024. An employer may file a request for authorization to extend this posting deadline, and guidance documents related to this authorization process are available…
Case In Point
Student Violence May Form Basis for a Teacher’s Lawful Work Refusal
A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…