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Employers can’t rely on original termination clauses when employee responsibilities increase: court

The Ontario Court of Appeal has ruled that employers can’t rely on termination clauses when employees’ duties have escalated significantly after they signed their original employment contracts, including situations where the employee didn’t receive a promotion. In its ruling, the court relied on the changed substratum doctrine, which states termination clauses in a written employment […]

  • March 23, 2023 March 22, 2023
  • 09:00

Termination of LTD benefits for Air Canada workers eligible to receive unreduced pension benefits doesn’t amount to age discrimination: court

The Federal Court has ruled that the termination of long-term disability benefits for employees who become eligible to receive unreduced pension benefits doesn’t amount to age discrimination. The case arose from the terms of a collective bargaining agreement between Air Canada and the Air Canada Pilots Association. The agreement provided that pilots were eligible to […]

  • February 21, 2023 February 16, 2023
  • 09:00

Withdrawal of real return bonds could financially impact DB pension plans: CIA

The Canadian Institute of Actuaries is urging the federal government to reconsider its cessation of real return bond issuances, citing the potential financial impacts to defined benefit pension plans. “We request not only that the decision to cease issuing real return bonds be reconsidered, but also that the annual issuance of real return bonds be […]

  • January 19, 2023 January 18, 2023
  • 09:00

Ontario tribunal determines employer entitled to $320K pension surplus

The Financial Services Tribunal of Ontario has awarded an employer with a $320,000 pension surplus, despite the plan’s trust agreements’ silence as to surplus entitlement. “The requirements for an employer to receive 100 per cent of surplus are strict, but the tribunal took a practical [approach] as opposed to a narrow interpretive approach to the […]

  • December 22, 2022 December 21, 2022
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Employer’s prior conduct prohibits pension plan amendments, despite collective agreement terms: Ontario court

A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]

  • November 23, 2022 May 24, 2023
  • 09:00

SIGA liable for $1.2M in LTD benefits following termination without cause: Saskatchewan court

The Saskatchewan Court of King’s Bench has held the Saskatchewan Indian Gaming Authority liable for more than $1.2 million in long-term disability benefits owed to a former employee whose benefits were cut off when he was fired and became permanently disabled during the notice period. “This case illustrates the massive risk that an employer takes […]

  • October 19, 2022 October 17, 2022
  • 09:00

Court rules employers must include electronic tips under pensionable earnings

The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. This was despite the fact the restaurant had no obligation to include gratuities paid in cash directly to […]

  • September 14, 2022 September 13, 2022
  • 09:00

Employee placed on unpaid leave over mask refusal not entitled to reasonable notice: Alberta court

An Alberta court has ruled that a Calgary grocery store worker placed on indefinite unpaid leave — for failure to comply with a mandatory mask policy — has resigned as opposed to being constructively dismissed and isn’t entitled to reasonable notice or compensation in lieu thereof. “This decision may signal that adjudicators will have little […]

  • August 16, 2022 August 15, 2022
  • 09:00

Arbitrator finds employer violated Ontario Human Rights Code for termination over vaccine refusal

An arbitrator has ruled Public Health Sudbury violated the Ontario Human Rights Code prohibition against discrimination on the basis of creed when it terminated a nurse who refused a coronavirus vaccination because it was against her religious beliefs. “The decision is significant because the arbitrator, Robert Herman, is well-respected and his reasoning will draw the […]

  • July 27, 2022 July 26, 2022
  • 09:00

Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court

A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause. The case arose when TK Elevator terminated Mark Render — a manager with more than 30 years’ service — for cause in 2014 after he briefly placed his […]

  • May 18, 2022 May 17, 2022
  • 09:00