Ontario court refuses to certify class action based on claims of constructive dismissal and breach of ESA
In Kafka v. Allstate Insurance Company of Canada, 2011 ONSC 2305 - which was issued on April 12, 2011 - the Ontario Superior Court of Justice refused to certify a propsed class action that was based on allegations of:
- constructive dismissal; and
- a claim for termination pay and/or severance under the Ontario Employment Standards Act.
The claim pertained to a general announcement letter that Allstate issued on July 24, 2007, to approximately 350 to 450 active agents (employees) in Ontario, advising that effective September 1, 2009 a revised product distribution model and agent compensation system would be implemented. The new model was then phased in from September 1, 2007 through 2009.
The court summarized the issue on the certification motion (application), and its decision, as follows: read more »
Ontario introduces legislation that, if passed, will impose mandatory retirement at age 60 for salaried firefighters
Ontario has introduced legislation that, if passed, will impose mandatory retirement at age 60 for salaried firefighters in certain circumstances.
The Bill was introduced in the Ontario Legislature on April 18, 2011. If passed, it will amend the Fire Protection and Prevention Act, 1997.
If you are looking for more information on this topic: read more »
Can employees over 65 be excluded from benefits?
This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.
The article addresses three arbitration awards: read more »
Appeal court rules that, in context of CCAA, pension plan deficiency claims can have priority over secured creditors
In Indalex Limited (Re), 2011 ONCA 265, the Ontario Court of Appeal ruled that, in the context of Companies' Creditors Arrangement Act (CCAA) proceedings, pension plan deficiency claims can, in certain circumstances, have priority over secured creditors.
In R. v Cole, 2011 ONCA 218, a criminal law case, the Ontario Court of Appeal ruled that a high school teacher had a reasonable expectation of privacy in the contents of a work laptop computer on which he was entitled to store personal information.
However, the appeal court further ruled in its March 22, 2011 decision that: read more »
Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law
The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.
In Ontario (Labour) v. United Independent Operators Limited, 2011 ONCA 33, the Ontario Court of Appeal ruled that independent contractors are considered to be "regularly employed" for the purposes of determining whether a company has an obligation to establish a joint health and safety committee (JHSC).
The Ontario Occupational Health and Safety Act requires a JHSC to be established at a workplace at which 20 or more workers are regularly employed. read more »
"Social Media: Opportunities and Limitations in the Workplace" (December 19, 2010) is the title of a recent paper by Carman J. Overholt, Q.C. and Emily Pitcher. Mr Overholt is a lawyer at Fraser Milner Casgrain in Vancouver and Ms. Pitcher is a student at law.