A recent Saskatchewan Court of Appeal decision illustrates the importance of clear communications from pension administrators seeking to avoid liability from lawsuits by claimants alleging they’re entitled to a plan member’s death benefits. “What it comes down to is that employers and pension plans that want to avoid lawsuits from plan members claiming to be […]
With coronavirus vaccinations playing a key role in shaping the post-coronavirus pandemic workplace, employers can help employees overcome vaccine hesitancy through a variety of measures, says Daniel Michaluk, a partner at Borden Ladner Gervais LLP. “Most strategies are communication-based, such as encouragement through talking about the benefits of vaccination.” Read: Sounding Board: Employers playing a key […]
Prime Minister Justin Trudeau says he’s considering making coronavirus vaccinations mandatory for some federally regulated workplaces in a bid to boost Canada’s vaccination levels. He’s asked the country’s top bureaucrat to look at whether any federal workers should be required to get vaccinated. Almost 82 per cent of eligible Canadians at least 12 years old have […]
Labour laws and regulations across Canada need to be updated to reflect the new remote working reality, according to a new study by the Fraser Institute. “Just as technological change has made many production procedures and skills obsolete, it’s not surprising that many of the labour policies are, too,” said Jason Clemens, executive vice-president of […]
In case you missed it, a recent legal opinion by pension lawyer Randy Bauslaugh suggested plan sponsors might be personally liable for failing to consider risks posed by climate change in the institutional investment decision-making process. Bauslaugh’s paper connected the dots between the current evidence on the materiality and urgency of the financial implications of climate change and the recent reflection of this […]
A trio of conflicting decisions from Ontario’s Superior Court of Justice has left employers confused about a possible onslaught of wrongful dismissal lawsuits stemming from temporary layoffs due to the coronavirus pandemic. The confusion arises because judges have come to different conclusions about Ontario’s infectious disease emergency leave regulation, which provides that temporary layoffs in […]
Unvaccinated workers returning to the office could be required to continue wearing masks, steer clear of common areas and face a staggered workday or may even be asked to stay home, say experts. As workplaces begin to reopen, employers are grappling with how to keep all workers safe — including those who are unvaccinated. It’s […]
While a recent dispute between the Canadian National Railway Co. and the surviving same-sex partner of a deceased plan member will likely inspire other plan sponsors to ensure pension benefits are correctly distributed, the amount of new claimants coming forward will likely be relatively small, says Jill Wagman, managing principal at Eckler Ltd. “It may […]
An arbitration clause that doesn’t explicitly prohibit a terminated employee from making a complaint to the Ministry of Labour doesn’t offend employment standards legislation, the Ontario Superior Court has ruled. “The ruling will give comfort to employers that Ontario courts will enforce arbitration clauses,” says David Vaillancourt of Toronto’s AGM LLP, who represented Dealnet Capital […]
Canada’s bankruptcy laws should be changed to avoid future financial hardship for members of other underfunded pension plans, said a court-appointed representative for Sears Canada retirees. Kenneth Eady, a former Sears Canada management employee who now represents 17,000 other pensioners, told MPs on Tuesday that he doesn’t believe it’s fair that Canada’s two bankruptcy laws give banks more protection […]