Focus Alerts

Our Focus Alerts provide up-to-the minute information about significant cases and other developments in labour and employment law.

The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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Arbitrator Determines Termination of Nurse for Addiction-Related Narcotics Theft Discriminatory but Reinstatement not an Appropriate Remedy

April 17, 2019

In the recent case of Humber River Hospital v. Ontario Nurses’ Association, (December 2018) an arbitrator considered the complex issue of addiction-related narcotics theft by a nurse. The issue was whether the Hospital had failed in its duty to accommodate when it terminated an emergency room nurse with a drug addiction who had stolen narcotics from the Hospital and used them while at work. The union grieved her termination on the basis that the termination was discriminatory, since her conduct stemmed from an addiction disability, and argued that the Hospital had failed in its duty to accommodate. The union also…

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Bill 66 receives Royal Assent – More changes to ESA now in effect

April 11, 2019

Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent on April 3, 2019. As discussed in a previous Focus Alert (see Ontario’s workplace laws continue to be the target of change as the government introduces Bill 66), Bill 66 is omnibus legislation that amends, in part, the Employment Standards Act, the Labour Relations Act and the Pension Benefits Act.   Employment Standards Act (“ESA”) The following ESA amendments came into effect on April 3, 2019: ESA Poster Employers are no longer required to post the ESA poster in the workplace. Employers are still required to provide the most recent version…

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Ontario government launches public sector compensation consultations – wages to be “modest, reasonable and sustainable”

April 9, 2019

On April 4th, the Ontario government announced that it would be consulting with public sector employers and collective bargaining agents “on how to manage compensation growth in a way that results in wage settlements that are modest, reasonable and sustainable.” The government further stated that the feedback received would directly inform the next steps taken to manage growth in public sector compensation costs. The announcement came roughly one week following the release of the 2018 Public Sector Salary Disclosure, more commonly known as the “sunshine list”. As most people are aware, the sunshine list sets out the names and salaries of public…

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“Context is everything” – arbitrator interprets “serious illness” in Ontario Nurses’ Association Collective Agreement

March 27, 2019

Many employers in the health care sector will be familiar with collective agreement provisions that operate to convert vacation leave pay to sick leave pay where an employee’s vacation is interrupted by “serious illness”. These types of provisions have been hotly-contested between employers and unions for well over twenty years. The recent decision in Peterborough Regional Health Centre and Ontario Nurses’ Association (December, 2018) represents a positive step forward in how such provisions will be interpreted. It should be noted that Emond Harnden’s own Raquel Chisholm represented the Health Centre in these proceedings. The controversial language that was the subject…

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Federal Government appoints expert panel to advise on further changes to the Canada Labour Code

March 26, 2019

Bill C-86, which received Royal Assent on December 13, 2018, will introduce a number of significant changes to the Canada Labour Code (the “Code”). The Bill C-86 changes to the Code are not yet in force and will come into force on a date to be ordered by the Governor in Council after the government holds regulatory consultations this spring and summer. These changes relate to hours of work and breaks, vacations, equal treatment based on employment status, termination notice and leaves of absence (for more detail see Federal Government Proposes Significant Amendments to the Canada Labour Code in Bill C-86)….

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Ontario Court of Appeal: No tort of harassment in Ontario

March 21, 2019

In a landmark decision, the Ontario Court of Appeal set aside a lower court decision and held that there is no freestanding tort of harassment in Ontario. In Merrifield v. Canada (Attorney General) (March, 2019) the appellate court was provided its first opportunity to consider the existence of the tort of harassment in Ontario. The resulting decision is very positive for employers and corrects a handful of lower court decisions that recognized harassment as a stand-alone cause of action. By way of background, in 2005 Mr. Merrifield was employed by the RCMP as a Constable. He was promoted to Corporal in…

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Ontario government seeks feedback on pay transparency reporting

March 15, 2019

As many readers of Focus will recall, the Pay Transparency Act, 2018 (the “PTA”) received Royal Assent on May 7, 2018 and was scheduled to come into force on January 1, 2019. Following the election of the new government, the coming into force of the PTA was deferred indefinitely by Bill 57 (see Ontario’s omnibus legislation impacting pay transparency, collective bargaining in the fire sector and pensions receives Royal Assent). Recently, the government released a consultation paper in order to seek feedback on the proposed pay transparency reporting requirements. By way of background, the purpose of the PTA is to…

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Ontario introduces legislation to overhaul health care – lays foundation for health “Super Agency”

March 7, 2019

On February 26, 2019 the Ontario government introduced Bill 74, An Act concerning the provision of health care, continuing Ontario Health and making consequential and related amendments and repeals. Short titled “The People’s Health Care Act, 2019”, the legislation is intended to improve Ontario’s health care services by integrating service providers and coordinating the delivery and accessibility of health services. The most salient features of the proposed legislation relate to the creation of the new health agency, Ontario Health, and the broad authority of the Minister of Health and Long-Term Care (the “Minister”) to “integrate” health service providers. If passed,…

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Bill C-86 Introduces New Pay Equity Act

January 18, 2019

On October 29, 2018, the federal government tabled Bill C-86, an omnibus bill aimed at implementing further aspects of the government’s Budget 2018. The Bill received Royal Assent on December 13, 2018 and will come into force on a date to be ordered by the Governor in Council. The Bill contained provisions to modernize the Canada Labour Code, which we have discussed in a previous Focus Alert (Federal Government Proposes Significant Amendments to the Canada Labour Code in Bill C-86). The bill also introduced a new Pay Equity Act (the “Act”) for federally regulated employers. This Focus Alert provides a…

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Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

January 2, 2019

In its decision Filice v. Complex Services Inc., the Ontario Court of Appeal provides useful guidance on the question of when an administrative suspension of a non-union employee will amount to constructive dismissal. Mr. Filice, the plaintiff employee, worked as a supervisor for a security contractor to casinos in southern Ontario, beginning in 1999. In 2007, Mr. Filice came under suspicion of theft, after an audit by the Alcohol and Gaming Commission of Ontario (“AGCO”). The AGCO, the Ontario Provincial Police, and the employer initiated separate investigations into the matter. The employer suspended Mr. Filice without pay while its investigation was…

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