An Ontario Superior Court ruling that allowed IBM Canada Ltd. to retrospectively rectify drafting errors that created unintended additional pension benefits for employees on disability leave augurs well for plan sponsors seeking similar relief going forward. “The case clarifies that there is a specific test for rectification of pension plans and other unilateral instruments, which […]
The Canada Revenue Agency’s guidance for determining a full-time remote worker’s province of employment for payroll deduction purposes, which came into force on Jan. 1, could prove burdensome to employers. “While the intention is to create certainty, whether it will do so remains to be seen,” says Sarah Mills, an employment lawyer at Blaney McMurtry […]
Thousands of ride-hailing and delivery workers in the U.S. and the U.K. went on strike on Valentine’s Day, calling for higher pay and other changes to their working conditions. In the U.S., Uber Technologies Inc. and Lyft Inc. drivers planned day-long strikes and held mid-day demonstrations at airports in several cities, including Chicago, Philadelphia, Pittsburgh, […]
An article on the Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award was the most-read article on BenefitsCanada.com this week. Here are the top five human resources, benefits, pensions and investment articles of the past week: 1. Court of Appeal upholds $1.5 million punitive damages award in LTD claims case 2. N.B. transferring 5 public […]
The Financial Services Regulatory Authority of Ontario’s revised proposed guidance on retroactive adverse amendments for pension plan administrators is inconsistent with existing case law, the wording of the Pension Benefits Act and the principles of statutory interpretation, said the Association of Canadian Pension Management, in an open letter. The FSRA’s proposed guidelines aim to provide greater […]
The Ontario Court of Appeal’s affirmation of a $1.5 million punitive damages award — reportedly the largest award of its kind in a Canadian long-term disability case — may signal greater exposure for employers and insurers that fail in their duty to treat such claims in good faith. “The court had no problem with the […]
In a bid to improve working conditions for people who deliver food and offer rides through smartphone apps, the European Union gave provisional approval Wednesday to rules that determine who should get the benefits of full-time employees and restrict the way online platforms use algorithms to manage their workers. The European Parliament and the EU’s […]
As Ontario prepares to introduce pay transparency legislation, it’s important for employers to consider how much information they want to share in job postings, says Darcy Clark, a principal at Normandin Beaudry. “They could do just enough to meet the legislative requirements or . . . full disclosure where everybody knows everything. There’s also a […]
An article on the federal government’s 2023 fall economic statement was the most-read story on BenefitsCanada.com over the last week. Here are the five most popular news stories of the week: 1. Feds consider end of ‘30% rule’ for pensions, propose EI adoption benefit: fall economic statement 2. Former federal finance minister defends ‘sustainably successful’ CPP amid Alberta pension […]
Pay transparency legislation is quickly gathering steam in Canada as provincial governments take steps towards shrinking the gender wage gap. Prince Edward Island was first to the post with pay transparency provisions in June 2022. While Newfoundland and Labrador’s Pay Equity and Transparency Act received royal assent in November 2022, its pay transparency provisions haven’t […]