Defined contribution plan sponsors are facing challenges that will shape the nature of their legal obligations to employees. Member communication is a key challenge, said Jon Marin, an associate in pension and benefits at Osler, Hoskin & Harcourt LLP, during Benefits Canada’s 2019 Defined Contribution Investment Forum in Toronto on Sept. 27. “In the vast […]
A recent decision by Ontario’s Divisional Court means that the province’s hospital sector is bound to provide long-term disability coverage to unionized employees who work past age 65. While the court’s ruling dealt only with the collective bargaining agreement between Markham Stouffville Hospital’s site at Uxbridge and the Canadian Union of Local Employees’ Local 1999, the […]
The Ontario Court of Appeal has taken a technical approach to interpreting “termination clause” in ruling that a failsafe clause that doesn’t clearly apply to the entirety of a termination clause won’t be enforceable. “The big takeaway from Andros v. Colliers Macaulay Nicolls Inc. is that courts will pay close attention to grammar and structure in […]
The Financial Services Regulatory Authority is giving late-filing pension plans a “one-time” opportunity to avoid administrative monetary penalties. The “safe harbour,” which applies to any outstanding filings under the Pension Benefits Act, expires on Oct. 31. “Rather than have people concerned about flagging non-compliance with late filings, the FSRA has offered this amnesty of sorts,” […]
The Ontario Court of Appeal has ruled that a strict examination of the language of an incentive plan is the key to determining whether a terminated employee is entitled to damages for a lost opportunity to earn incentive plan compensation during the reasonable notice period. “If there’s something in the language that clearly entitles the […]
A group of institutional investors representing more than US$500 billion is calling on the U.S. Congress to vote down the Canada-United States-Mexico trade agreement to prevent extended monopoly rights for pharmaceutical companies in all three countries. The Interfaith Center on Corporate Responsibility, which represents more than 300 religious institutional investors, pension funds, foundations, asset managers […]
An Alberta court has ruled that employees receiving disability payments during the reasonable notice period can’t “double-dip” by receiving payments for lost wages. “The decision affirms the principle that employees are entitled only to what they would have received had they been working during the notice period,” says Sheena Owens, an employment lawyer at Stikeman […]
The Ontario Divisional Court has confirmed that an employer’s duty to accommodate ends when an employee’s disability becomes permanent and thereby frustrates the contract of employment. “The decision in Katz v. Clarke is a breath of fresh air for employers because it reaffirms that employees seeking accommodation can’t merely inform their employers of their desire to […]
As the labour dispute between Western Forest Products Inc. and United Steelworkers Local 1-1937 heads into its third month, tensions are running high over health benefits. Employees who are members of the Steelworkers chapter have been on strike since July 1, 2019. The proposed collective agreement in question includes concessions on a number of issues, […]
McDonald’s is introducing a new training program for its U.S. employees after dozens of workers complained about sexual harassment. The Chicago-based company said Wednesday that its franchisees have committed to provide the training — a combination of online work and in-person discussions — to 850,000 employees. Beginning in October, it will educate workers about harassment and bullying, […]