Welcome to our annual review of notable cases over the past year that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch out for in 2025. Next week, we will bring you our review of the notable legislative updates from 2024. Cases of Note Employment…
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.
Case In Point
Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions
In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…
Human Resources Legislative Update
Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent
On December 19, 2024, Ontario’s Working for Workers Six Act, 2024 (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…
Case In Point
Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA
In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…
FTR Now
Highlights from the Federal Government’s 2024 Fall Economic Statement
On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…
FTR Now
Ontario Government Introduces Municipal Accountability Act, 2024
On December 12, 2024, the Ontario government introduced Bill 241, Municipal Accountability Act, 2024 (Bill 241). If passed, this proposed legislation would provide the government with the ability to establish a standardized provincial code of conduct for municipalities. Bill 241 also expands the oversight powers of the Integrity Commissioner of Ontario and creates new mechanisms…
Human Resources Legislative Update
Ontario Introduces the More Convenient Care Act, 2024
On December 2, 2024, the Ontario government introduced the More Convenient Care Act, 2024 (Bill 231). Of particular significance to health care employers and temporary help agencies is new legislation proposed by Bill 231 that would require greater transparency on the use of third-party staffing providers in the health care industry. If passed, Bill 231…
FTR Now
Federal Government Publishes Technical Amendments to the Income Tax Regulations Impacting Pension Plans and Employee Stock Option Plans
On December 4, 2024, the federal government published technical amendments to the Income Tax Regulations in the Canada Gazette. These technical amendments will implement measures that were initially released for public consultation in August 2022 and August 2023, and many will be retroactively coming into force as of their respective date of announcement (or earlier)….
Human Resources Legislative Update
Ontario Invites Comments on Proposed Changes to Employment Standards Act, 2000 Leave Provisions
On December 3, 2024, Ontario’s government announced that it is seeking feedback on important amendments proposed to the Employment Standards Act, 2000 (ESA) if the Working for Workers Six Act, 2024 (Bill 229) passes. As discussed in our FTR Now of November 28, 2024, Bill 229 would: The government is inviting comments on these proposed…
FTR Now
Key “In Force” Dates Under Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 Now Proclaimed and Regulations Released
Both the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 received Royal Assent earlier this year, with many of the key provisions to be proclaimed in force at a later date. This has now occurred and accompanying regulations have been enacted to provide additional obligations and, in some cases, clarify…