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The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. This was despite the fact the restaurant had no obligation to include gratuities paid in cash directly to […]

  • September 14, 2022 September 13, 2022
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An Alberta court has ruled that a Calgary grocery store worker placed on indefinite unpaid leave — for failure to comply with a mandatory mask policy — has resigned as opposed to being constructively dismissed and isn’t entitled to reasonable notice or compensation in lieu thereof. “This decision may signal that adjudicators will have little […]

  • August 16, 2022 August 15, 2022
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An arbitrator has ruled Public Health Sudbury violated the Ontario Human Rights Code prohibition against discrimination on the basis of creed when it terminated a nurse who refused a coronavirus vaccination because it was against her religious beliefs. “The decision is significant because the arbitrator, Robert Herman, is well-respected and his reasoning will draw the […]

  • July 27, 2022 July 26, 2022
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A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause. The case arose when TK Elevator terminated Mark Render — a manager with more than 30 years’ service — for cause in 2014 after he briefly placed his […]

  • May 18, 2022 May 17, 2022
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Last week’s federal budget proposed more borrowing flexibility for registered defined benefit plans. The proposal would replace the historical 90-day term limit on short-term borrowing with restrictions based on plan assets: additional borrowed money can’t exceed the lesser of 20 per cent of the plan’s assets and the amount by which 125 per cent of […]

  • April 14, 2022 April 14, 2022
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As arbitral decisions relating to the reasonableness of mandatory coronavirus vaccination policies emerge, employers have clearly gained the upper hand. “The overall box score shows that, for the most part, arbitrators have upheld mandatory vaccination policies as reasonable,” says George Vassos, a labour and employment partner at Littler Mendelson. “In the most recent case, involving […]

  • April 12, 2022 April 12, 2022
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In certifying a pension class action by Brewers Retail Inc., an Ontario Superior Court judge denounced the Financial Services Regulatory Authority of Ontario for defying a decision of its predecessor, the Financial Services Commission of Ontario. Justice Ed Morgan certified the class on Feb. 10, 2022, setting the stage for a settlement approval hearing. In […]

  • March 16, 2022 March 15, 2022
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The Ontario Court of Appeal is refusing to consider an appeal from Ontario’s Divisional Court judgement that affirmed employees’ right to sue for wrongful and constructive dismissal in the civil courts in cases of chronic mental stress arising from workplace harassment. “The case makes it very difficult for human resources professionals to give definitive advice […]

  • February 22, 2022 February 17, 2022
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New Brunswick’s new unclaimed property regime, which came into force on Jan. 1, 2022 and is the fourth such provincial regime in Canada, will finally allow defined benefit pension plan sponsors with unlocatable or missing members to fully windup their plans. The governing legislation, the Unclaimed Property Act, received Royal Assent in March 2021, but […]

  • January 3, 2022 December 22, 2021
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A Federal Court of Appeal ruling will make it very difficult for executives and employees to treat share transfers from their companies as capital gains rather than income. The decision involved Kitchener, Ont.-based D2L Corp., whose intention was to distribute appreciated shares of the company, held in a trust, to various employees. In turn, the […]

  • December 21, 2021 December 17, 2021
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