Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Madeleine Werker

Today
Today

Bill 146: Stronger Workplaces for a Stronger Economy Act, 2013

  • March 11, 2014
  • Madeleine Loewenberg and Naomi Shawn

The Stronger Workplaces for a Stronger Economy Act, 2013 (Bill 146) was introduced in Parliament on December 4, 2013. If enacted, Bill 146 will have significant implications for Ontario employers as a direct result of amendments that it will make to Ontario employment legislation.

Labour and Employment Law
SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

  • March 11, 2014
  • Clio Godkewitsch

The Supreme Court of Canada has affirmed that monthly pension benefits received during a period of reasonable notice are not deductible from damages for wrongful dismissal in Waterman v. IBM. The Court held that the compensation principle should not be strictly applied, and emphasized the underlying nature of pensions, which are not intended to be an indemnity for loss of income on dismissal.

Labour and Employment Law
AODA –  Preparing Your Business For Upcoming Compliance

AODA – Preparing Your Business For Upcoming Compliance

  • December 02, 2013
  • Karen Jensen and Shannon Robinson

This article reviews current compliance requirements under the Accessibility for Ontarians with Disabilities Act and sets out upcoming deadlines for additional requirements which employers must be aware of.

Gender Identity and Gender Expression in the Workplace

  • November 21, 2013
  • Ryan Edmonds

On November 11, 2013, SOGIC hosted its Fall program event, “Gender Identity and Gender Expression in the Workplace”. The purpose was to raise awareness about what is now required of employers under the Human Rights Code’s new prohibited grounds of “gender identity” and “gender expression”.

Settlements Gone Wong: Consequences for Breach of Confidentiality

  • November 12, 2013
  • Justin Tetreault

Contained in nearly every settlement agreement between employers and employees is a confidentiality provision. These obligations should be understood and taken seriously, as there is a recent trend of cases in Ontario which have imposed serious consequences for those in breach of such provisions.

Character of Employment and Overtime Pay

  • August 08, 2013
  • Nikolay Chsherbinin

If a manager repeatedly performs non-managerial tasks, does it destroy the essential character of his managerial position so as to entitle him to overtime pay?