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Arbitrator finds employer violated Ontario Human Rights Code for termination over vaccine refusal

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
  • 09:00

Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court

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
  • 09:00

A closer look at the feds’ proposed borrowing flexibility rule for DB pensions

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
  • 09:01

Legal decisions on mandatory coronavirus vaccination policies favouring employers

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
  • 09:00

Ontario judge cautions FSRA in certification of Brewers Retail pension class action

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
  • 09:00

Ontario court refuses appeal over workers’ right to sue for wrongful dismissal in cases of chronic stress

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
  • 09:00

New Brunswick to allow windup of pension plans with missing members

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
  • 09:00

Share transfers to executives, employees are income not capital gains: appeal court

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
  • 09:00

Employee who didn’t read terms of stock option agreement has case overturned

The Ontario Court of Appeal has overturned a Superior Court decision that allowed an employee to receive his stock option awards throughout his 24 months of reasonable notice on the grounds that the employer had failed to provide adequate notice of termination. “The decision gives important guidance to employers about what will be appropriate in […]

  • November 19, 2021 November 19, 2021
  • 09:05

Solvency reserve accounts missing from Manitoba’s new pension amendments

Although Manitoba’s Pension Amendments Act takes effect on Oct. 1, pension plan sponsors are disappointed that the provisions allowing them to use reserve accounts to fund solvency deficiencies have been excluded from the proclamation. “The government has not indicated when the reserve account provisions will come into effect and sponsors are anxious because they would […]

  • September 29, 2021 September 28, 2021
  • 09:00