Canadian Employment & Pension Law - Employment Law | Labour Law | Pension and Benefits Law

Gary Clarke and Brandon Mewhort -

Succession and transitional planning is an important and necessary process in any organization, especially where a significant number of employees are nearing retirement.  However, employers must be aware of the risks associated with their succession and transition plans, particularly where employees at or near retirement wish to continue working.  Cowling v. Alberta Employment and Immigration, a recent decision of the Human Rights Tribunal of Alberta (the Tribunal), serves as a good reminder of those risks.

Continue Reading

Lyle Teichman -

A recent decision of the Ontario Superior Court (Court) illustrates complexities that can arise where a pension plan is partially wound up, triggering a requirement to settle surplus entitlements on the partial wind-up, and the surplus subsequently vanishes. 

In Kidd  v. The Canada Life Assurance Company et al, Canada Life had declared a partial wind-up of the Canada Life Canadian Pension Plan (Plan) in 2003 in relation to members who were terminated or retired as a result of the integration of Canada Life and Great West Life Assurance Company (the Integration Group).  The Integration Group had commenced a class to determine, amongst other issues, the ownership of surplus on a partial windup of the Plan.  The parties settled the action and under the terms of settlement Canada Life agreed to distribute approximately 70% of the estimated partial wind-up surplus to, amongst others, the Integration Group.  The Integration Group members were informed that their estimated share of the surplus was worth approximately $55 million.  As part of the settlement, Canada Life would in effect restart its pension plan under a new trust (the Ongoing Plan), which would receive the assets from the wound-up portion of the Plan.  The plaintiffs in the class action and Canada Life successfully campaigned to secure the support of the class members for the proposed settlement and the settlement was ultimately approved by the court (the Approved Settlement).  Class counsel was to receive approximately $5 million in fees and disbursements under the Approved Settlement.

Continue Reading

Sylvie Thibault -

Since May 1st, 2013, the minimum wage has been increased to $10.15 per hour. The hourly wage of employees receiving tips has been increased by $0.20 per hour, bringing it to $8.75. As a result of this increase, Quebec's minimum wage rate is amongst one of the highest among the Canadian provinces.

The Minister also announced certain modifications to the compensation of agricultural workers. For additional information, consult the Board’s website www.cnt.gouv.qc.ca.

It is important to remember that the minimum wage is governed by the Labour Standards Act (the LSA) and the Regulation Respecting Labour Standards. An employee covered by the LSA is entitled to receive wages that are at least equal to the minimum wage for each hour worked, including training, initiation and trial periods. Moreover, the minimum wage must be paid fully and no benefit having pecuniary value may be taken into account in computing the minimum wage, such as lodging or the use of  an automobile.

Kelly O’Ferrall -

In a previous post, we discussed a decision which held that, PolyOne Canada Inc. (PolyOne), did not have just cause for terminating a senior employee who committed a safety violation and failed to report it, despite finding that the incident was very serious and could have resulted in harm to the employee. The Court of Appeal upheld this decision, although it disagreed, in part, with the basis for the lower court’s decision.

Continue Reading

Will Hockin and Mari Maimets -

Over a year after its decision holding the Hamilton-Wentworth District School Board (the School Board) liable for discriminating against former employee Sharon Fair (Ms. Fair) by failing to accommodate her post traumatic stress disorder (PTSD) and terminating her employment, the Human Rights Tribunal of Ontario (HRTO) has ordered the School Board to reinstate Ms. Fair and pay her an amount equal to nearly 10 years’ worth of back pay and benefits.  The School Board was also ordered to pay $30,000 to Ms. Fair as compensation for injury to her dignity, feelings and self-respect.

Continue Reading