Mitigating Factors in Occupational Health and Safety Charges

The Ontario Court of Appeal recently determined that an employer’s actions taken to comply with a health and safety inspector’s order will not be considered a mitigating factor in determining the appropriate sentence. Flex-N-Gate is an Ontario employer which produces automobile parts. It produces vehicle bumpers by processing metal sheets which are stored in approximately […]

Property Rights in Pension Benefits Plans

At age 65, Richard Waterman was terminated without cause by IBM Canada Ltd. after 42 years of service. IBM provided him with two months’ notice of the termination. During his employment, Waterman participated in IBM’s pension plan, which entitled him to a full pension. His entitlement was not affected by the termination, and Waterman began […]

Embassy Gets Second Chance to Plead Sovereign Immunity in Wrongful Dismissal Case

As we reported in the Winter 2012 edition of EMPlawyers’ Update, Sandra McDonald, a long service employee of the Embassy of the United States of America in Ottawa, brought a claim of wrongful dismissal against her employer, in which she alleged that she had been terminated without cause while on long term disability leave. Despite […]

Mandatory Health and Safety Training – Will You be Compliant by July 1st?

As previously reported, the new Health and Safety Awareness and Training regulation under the Occupational Health and Safety Act will come into effect on July 1st, 2014. What does this mean for Ontario employers? You must ensure that all workers and supervisors have completed basic occupational health and safety awareness training by July 1st. New […]

Deductibility of Statutory Pay from Workers’ Compensation Benefits

A production worker, 59 years old, suffered an elbow injury that resulted in the permanent impairment of both of his arms. He claimed workers’ compensation benefits under the Workplace Safety and Insurance Act, 1997 (WSIA), and was granted a Non-Economic Loss award. Shortly after he returned to the accident employer on modified duties, he was […]

Bill C-4 – Amendments to the Canada Labour Code

On October 22, 2013, the Minister of Finance introduced Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, also known as the Economic Action Plan 2013 Act, No. 2. On December 12, 2013, the Bill received Royal Assent. Among other amendments, Bill […]