You Have and ESA Inspector at the Door!


Time Published on July 29, 2011

Don’t miss our comprehensive, half-day training seminar at the Sheraton Toronto Airport on Thursday, September 22.  

Tag employment law,  employment standards

WSIB loss of Earnings Benefits still offset against Wrongful Dismissal Damages in Ontario


Time Published on July 25, 2011

In a recent decision, Jensen v. Schaeffler Canada Inc., the Ontario Superior Court of Justice reduced an employee’s pay in lieu of notice award for wrongful dismissal by the amount of WSIB loss of earnings received during the notice period.

Tag wrongful dismissal litigation

Get ready for the new AODA Employment Standard Regulation


Time Published on July 22, 2011

The new Integrated Accessibility Standards regulation (the “Integrated Regulation”) was enacted on July 1, 2011.  This is the second regulation under the Accessibility for Ontarians with Disabilities Act (the “Act”).  It includes the Employment Standard, the Information and Communication Standard and the Transportation Standard.

Tag aoda

Multiple Notice Extensions Invalidated Notice of Termination


Time Published on July 19, 2011

Over a period of five months, Crown Metal Packaging Canada LP provided Mr. Di Tomaso with five notices of termination, containing four extended termination dates.  Each notice was provided only days before the termination of the notice period in each respective notice.

Tag employment law,  employment standards

Allison Taylor Speaks to Canadian @HRReporter About Managing Disabled Employees


Time Published on July 06, 2011

Allison Taylor Speaks to Canadian @HRReporter About Managing Disabled Employees

Tag human rights,  stringer llp announcements

New WSIB Work Reintegration and NEER Policies Effective July 15


Time Published on July 04, 2011

The WSIB has released the final versions of its new Work Reintegration and revised NEER policies.  They come into effect on July 15th. 

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Integrated Accessibility Standard under the AODA effective on July 1, 2011


Time Published on July 04, 2011

The Integrated Accessibility Standard is the second regulation to be enacted under the Accessibility for Ontarians with Disabilities Act. The first standard, the Customer Service Standard, has applied to public sector organizations since January 1, 2010 and will apply to private sector organizations with one or more employees on January 1, 2012.

Tag aoda

A Few Key Revisions Made to Bill 160 Before it Passed


Time Published on June 23, 2011

A revised Bill 160 was passed on June 1st. Notable changes to the Bill include an increase in the role of the Chief Prevention Officer, a position created by the Bill.  The Chief Prevention Officer is to be appointed by the Minister of Labour for a renewable five year term.  Earlier drafts of the Bill gave the Ministry of Labour authority over the content and implementation of training programs and the certification requirements for members of joint health and safety committees.  These responsibilities instead have been given to the Chief Prevention Officer.

Tag occupational health and safety

Court Enjoins Unlawful Canada Post Worker Picketing


Time Published on June 22, 2011

In an urgent motion heard on June 16, 2011, the Ontario Superior Court of Justice ordered Canada Post Workers’ union, the CUPW, to refrain, for a period of 10 days, from preventing, blocking, or obstructing any person from entering the a key Ottawa mail sorting facility on foot.

Tag labour relations

Mayor Ford to privatize police janitorial jobs in ongoing campaign to contract out


Time Published on June 20, 2011

Mayor Rob Ford is planning to privatize many police janitorial jobs in his ongoing campaign to contract out city services.  He notified the heads of CUPE Local 79 and Local 416 in a letter on June 15, 2011 that the City of Toronto plans to make adjustments to the manner in which custodial services are provided to the City, in particular he warned that the Toronto Police Services Board had requested that the City look into private options.  This is Mayor Ford’s second major step in his plan to cut the City’s workforce. Just last month, City Council had a vote in favour of contracting out garbage collection in the West end of the City.

Tag labour relations

Conservative Majority to Appoint 2 New Supreme Court Justices


Time Published on May 13, 2011

The CBC News reports that Supreme Court of Canada Justices Ian Binnie and Louise Charron have announced they will retire on August 30, 2011.  With the newly elected, Conservative majority government, Canadians will no doubt watch the nomination and selection process with greater interest.

Tag general litigation

Ontario Court of Appeal Rules Non-Competition Clause Unenforceable


Time Published on May 12, 2011

Employers will be disappointed to hear the results of a recent decision in which the Ontario Court of Appeal declared the restrictive covenant in an employment contract, unenforceable. Read about this decision and tips to ensure your contracts are enforceable in our Latest Update.

Tag employment law

Supreme Court issues Decision in Fraser


Time Published on April 29, 2011

In a long awaited ruling, the Supreme Court of Canada has issued its decision in Ontario (Attorney General) v. Fraser. In 2002 the Ontario Government passed the Agricultural Employees Protection Act, 2002 (the “AEPA”).  The UFCW, among others, challenged the AEPA as unconstitutional because it permits farm workers to form employee associations and gives them certain rights to bargain collectively, but they continue to be excluded from union representation under the Ontario Labour Relations Act, 1995.

Tag labour relations

Court Rules no Class Action for Constructive Dismissal


Time Published on April 29, 2011

The Ontario Superior Court of Justice has refused to permit a group of former Allstate Insurance employees to sue Allstate for constructive dismissal in a class action.  The group of former sales employees alleged that they were constructively dismissed when the company rolled out a new, company-wide model for product distribution and agent compensation.  Because the policy affected the entire group, the plaintiffs argued it was appropriate to deal with their case by way of a class action.

Tag employment law

Quebec Introduces Incentives With New Work-life Balance Certification


Time Published on April 15, 2011

The government of Quebec has recently introduced new incentives for businesses to promote work-life balance, through its “work-family balance certification” initiative.  Public sector and private sector employers as well as other groups in Quebec may apply for Quebec’s work-family balance certification, which consists of a rating from one to four depending upon the amount of points awarded to the employer. Employers will receive points for, among other things, providing flexible work schedules, day-care arrangements and a compressed work week.

Tag employment law