Canada: New Pension And Benefits Obligations For Employers Arriving In Fall 2014

Companies with employees in Ontario, particularly companies that sponsor or administer employee benefit plans, including extended health plans and pension plans, will be affected by the passage of Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Effective October 29, 2014, the Ontario Employment Standards Act, 2000 (ESA) will be amended, and eligible employees will be entitled to three new unpaid, job-protected statutory leaves of absence:

Family Caregiver Leave: up to 8 […]

By | September 23rd, 2014 ||

What A Headache (Part 2) – Challenges Of AB 1522 (California Paid Sick Leave)

Nothing in California is easy for employers, and California’s new paid sick leave statute (AB 1522) is no exception.

Here is the first challenge. While employers can make employees give notice of paid sick time when foreseeable, they can’t really punish employees who take time off that is not foreseeable, because the statute prevents retaliation against any employee for using sick leave (or even requesting to use it). Employers are also prohibited from requiring employees […]

By | September 21st, 2014 ||

Canada: Dismissal Without Hearing Of Human Rights Complaint Upheld By Ontario Court

In Gill v Human Rights Tribunal of Ontario, the Ontario Divisional Court concluded that it is appropriate for the Human Rights Tribunal of Ontario (the “Tribunal”) to summarily dismiss an application where its prior jurisprudence suggests that the application has no reasonable prospect of success.

Gill was a suppression firefighter who was terminated at age 60 pursuant to a mandatory retirement provision in the collective agreement between the Hamilton Professional Firefighters’ Association (the “Association”) and […]

By | September 19th, 2014 ||