News & Events
Arbitrators Split in Two Recent Decisions on Whether Two-Dose COVID-19 Vaccine Mandates Continue to be Reasonable as Pandemic Evolves
July 6, 2022
As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance
Practice Area
Labour Law
Workplace Policy Housekeeping June 2022
June 27, 2022
With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,
Expertise
Employment Law
Secret Recording of Workplace Meetings was Cause for Termination
May 9, 2022
It is not a criminal act to record conversations where you have the consent of one of the parties, typically by the one who is doing the recording. However, we now have a case out of British Columbia finding, criminal or not, it was an invasion of privacy and was cause for the termination of
Expertise
Employment Law
Government of Ontario Announces Increase to General Minimum Wage
April 20, 2022
On April 5, 2022, the Government of Ontario announced that the general minimum wage rate will increase to $15.50 per hour on October 1, 2022. This increase will represent a $0.50 increase from the $15.00 per hour minimum wage which was implemented on January 1, 2022. The general and specialized minimum wage rates that will
Expertise
Employment Law
Federal Government Releases 2022 Budget
April 8, 2022
On April 7, 2022, Finance Minister Chrystia Freeland tabled the federal government’s (the “Government“) 2022 budget (the “2022 Budget“), entitled “A Plan to Grow Our Economy and Make Life More Affordable”. Of particular interest to unions and pension and benefit plan administrators are announcements concerning public dental and pharmacare programs, the loosening of borrowing rules
Practice Area
Pension and Benefits
New Employee-Friendly Changes to Ontario’s Employment Laws
March 3, 2022
The Working for Workers Act, 2021 Recently, the Ontario government introduced significant changes to workplace laws, intended to provide a wide array of benefits to employees in the province. On December 2, 2021, Bill 27: Working for Workers Act, 2021 (“Workers Act“) received Royal Assent. Two of the most notable changes are: i) a prohibition on
Expertise
Employment Law
Ontario Adopts Regulations Regarding Defined Contribution Pension Plans
February 24, 2022
On February 11, 2022, the Government of Ontario filed Ontario Regulation 66/22 (the “Regulation”), which amends the General regulations under the Pension Benefits Act to exempt defined contribution pension plans from certain regulatory requirements. The Regulation specifically exempts such pension plans from 1) the requirement to file an auditor’s report with FSRA where the assets
Practice Area
Pension and Benefits
Department of Finance Releases Draft Amendments to the Income Tax Act Regarding Defined Contribution Pension Plans
February 24, 2022
On February 4, 2022, the Department of Finance released draft legislation that will, subject to certain conditions, permit administrators of defined contribution (“DC”) pension plans to correct past contribution errors. The proposed amendments can be accessed at https://fin.canada.ca/drleg-apl/2022/ita-lir-0222-1-eng.html. The current Income Tax Act (the “ITA”) rules governing DC pension plans do not allow for “catch-up”
Practice Area
Pension and Benefits
Early Termination Clause Invalid – Employee Entitled to Balance of 3-year Fixed Term Contract
February 22, 2022
In a recent decision of the Ontario Superior Court of Justice, the principles in the now infamous Waksdale v. Swegon North America Inc., 2020 ONCA 391 decision were applied to a fixed term contract, striking out a termination clause where the ‘for cause’ termination provision was broader than permitted by the Ontario Employment Standards Act, 2000
Expertise
Employment Law
Arbitrator strikes down “automatic termination” penalty for non-compliance with mandatory vaccination policy
February 10, 2022
In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell
Practice Area
Labour Law