In Talos v. Grand Erie District School Board (“Grand Erie “), the Human Rights Tribunal of Ontario (“HRTO”) held that statutory provisions permitting employers to reduce or discontinue employees’ benefits after they reach age 65 is discriminatory and contrary to the Canadian Charter of Rights and Freedoms (“Charter “). Consequently, employers should review their benefits plans, and consider whether it may be necessary to adjust or eliminate such age-based distinctions. Continue Reading HRTO Rules Legislation Permitting Different or No Benefits For Employees 65+ is Unconstitutional
The Ontario government has passed Bill 3, Pay Transparency Act, 2018. The Act imposes requirements on employers to promote equality of compensation between men and women, and to increase the transparency of information regarding compensation and workforce composition. The Act is set to come into force on January 1, 2019. Continue Reading Pay Transparency Obligations Coming But Not Until January 1, 2019
Employers who include discretionary bonuses as part of their employees’ compensation packages should be aware of the Ontario Court of Appeal’s latest guidance on (i) bonus entitlement for the period up to dismissal and (ii) compensation for the loss of a bonus during the reasonable notice period. This guidance came in the Court’s decision, issued last week, in Singer v. Nordstrong Equipment Limited, 2018 ONCA 364. Our analysis of the lower court’s decision in this case can be found here. Continue Reading Is Your Dismissed Employee Entitled to a Bonus?
On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows: Continue Reading Compliance Check: Do Your Pay Rates Comply with Bill 148?
Last week, the Ontario government announced its intention to introduce pay transparency legislation – see our article on the announcement here. Bill 203, the Pay Transparency Act, 2018 has now been introduced. The newly proposed legislation is consistent with the Ontario government’s press release. In particular, it proposes to impose the following requirements on employers:
- a salary rate or range must be stated in all publicly advertised job postings;
- job candidates may not be asked about their past compensation;
- no reprisals may be made against employees who discuss or disclose compensation; and
- certain employers must track and report compensation gaps based on gender and/or other diversity characteristics (in “pay transparency reports”).
Bill 203 also sets out in greater detail the proposed pay transparency requirements. In particular: Continue Reading Ontario Unveils Pay Transparency Legislation
The government of Ontario announced today that it will introduce new legislation to require certain employers to track and publish their compensation information. The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative is titled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”). Today’s announcement comes on the heels of last week’s budget plan in which the federal government outlined proposed proactive pay equity legislation that would apply to federally regulated employers – see here for our article on the proposed federal legislation. Continue Reading Ontario Introducing New Pay Transparency Legislation
The Government of Canada released its 2018 budget plan on February 27, 2018, entitled “Equality and Growth”. The budget plan proposes various initiatives aimed at improving women’s equality in the workforce and addressing the gender wage gap. The budget proposes to implement a new parental leave benefit that is likely to have an impact upon both provincially and federally regulated employers. The budget also proposes changes to the federal pay equity regime and online reporting of pay information filed under the Employment Equity Act. Continue Reading Budget 2018: New Parental Leave Benefit & Pay Equity Regime
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2017: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2017
The Fair Workplaces, Better Jobs Act, 2017 received royal assent on November 27, 2017. Thus, new requirements will come into force according to the following timeline: Continue Reading Bill 148 Receives Royal Assent: Implementation Schedule
Many employers rely on the discretionary nature of their bonus plans to deny bonuses to employees they’ve dismissed. However, in last month’s decision in Singer v Nordstrong Equipment Limited, 2017 ONSC 5906, the Court held that stipulating that a bonus is discretionary in the policy doesn’t necessarily give the employer complete freedom to withhold the bonus. Rather, discretionary bonuses must be awarded through a “fair, identifiable process.” Continue Reading Is a Discretionary Bonus Really Discretionary?