Hugh R. Dyer

Associé | Toronto

416.595.8557

Portrait de Hugh R.  Dyer

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Ontario Bill 124: Moderating Public Sector Compensation Increases

Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the “Act”) was passed by the Ontario Legislature on November 7, 2019. The purpose of the Act is to “ensure that increases in public sector compensation reflect...

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Transportation Industry Employers Affected By Last-Minute Guidelines Concerning New Canada Labour Code Amendments

Sweeping amendments to the Canada Labour Code (the “Code”) came into force on September 1, 2019. Just prior to this, on August 30, 2019, the federal government published a set of interpretations, policies, and guidelines (IPGs) in relation to these...

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Update for Federally Regulated Employers: Government Issues Guidelines for New Canada Labour Code Amendments

As discussed in our Communiqué dated August 21, significant amendments to the Canada Labour Code (the “Code”) came into force on September 1, 2019. Just prior to this, on August 30, 2019, the federal government published a set of interpretations,...

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A Difficult Road Ahead: Transportation Industry Employers Must Navigate Imminent Changes to the Canada Labour Code

Introduction Federally regulated employers in the transportation industry have reason to be concerned about upcoming changes to the Canada Labour Code (the “Code”), which will take effect on September 1, 2019. New scheduling rules threaten the efficiency, reliability and financial...

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A Reminder to Federally Regulated Employers: Substantial Amendments to the Canada Labour Code Are Imminent

Introduction On September 1, 2019, a number of the amendments to the Canada Labour Code (the “Code”) which we described in our November 5, 2018 communiqué are scheduled to come into force. Many of these amendments create new leave entitlements...

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Twelfth edition of Sale of a Business published

The 12th edition of Sale of a Business by Jennifer Babe, a partner in the Banking and Financial Services Group in Miller Thomson’s Toronto office, has now been released. One of Canada’s leading commercial law practitioners, Babe has authored this comprehensive, step-by-step...

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Ontario Government Moves to Roll Back Bill 148 with the Making Ontario Open for Business Act

On October 23, 2018, the Government of Ontario announced that it will seek to pass the Making Ontario Open for Business Act, legislation designed to roll back many of the changes made to the Employment Standards Act, 2000 and to...

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Arbitrator Clarifies Application of New Personal Emergency Leave Provisions

Ontario employers have been anxiously awaiting guidance from adjudicators concerning the interpretation of the amendments of the Employment Standards Act (the “ESA”) introduced by Bill 148. In particular, many unionized employers have been concerned about the interaction of paid disability...

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Ontario Government’s Proposed Changes to the Province’s Labour and Employment Laws

Introduction On May 23, 2017, the Final Report of the Changing Workplaces Review commissioned by the Ontario Government (the “Final Report”) was released for public consumption. As noted in our last communiqué, the Special Advisors made 173 recommendations on how...

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Ontario’s Changing Workplaces Review: Special Advisors’ Final Report

Introduction On May 23, 2017, the Final Report of the Changing Workplaces Review commissioned by the Ontario Government was released for public consumption. The Final Report is the culmination of over two years of consultation by the Special Advisors appointed...

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Is a Subcontractor a Successor or Related Employer for Labour Relations Purposes?

Introduction In a recent decision, Molson Coors Canada, the Ontario Labour Relations Board (the “Board”) held that the subcontracting relationship between Molson Coors Canada (“MCC”) and Sherway Warehousing Inc. (“Sherway”) did not amount to a sale of business nor were...

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Changing Workplaces Review: Special Advisors’ Interim Report

Introduction In February, 2015, the Ontario Government appointed Michael Mitchell, an arbitrator and formerly a prominent labour lawyer, and former Superior Court Justice John Murray as Special Advisors for the Government’s Changing Workplaces Review. Their mandate is to “make recommendations...

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Is Medical Marijuana Covered by your Group Health Plan?

The use of marijuana for certain medical purposes has been legal in Canada for approximately 15 years. While the medical uses of marijuana and the regulation of its distribution are similar to the use and regulation of prescription drugs, medical...

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New Federal Government Proposes to Repeal Employees Voting Rights Act

In our January 16, 2015 Communique, we advised you that the Federal Conservative Government of the day had passed the Employees’ Voting Rights Act (“EVRA”) which significantly changed the way in which unions acquire and lose bargaining rights in the...

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The Duty to Bargain in Good Faith Revisited

The decision of the Ontario Labour Relations Board (the “Board”) in United Food & Commercial Workers, Local 175 and WHL Management Limited Partnership, 2014 CanLII 76990 (ON LRB) considers and, arguably, modifies the jurisprudence concerning the duty to bargain in...

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Federal Unjust Dismissal Process: Is an Evidentiary Hearing Required in “Without Cause” Cases?

In our Labour and Employment Communiqué of February 4, 2015 titled “Unjust Dismissal Clarified: Without Cause Terminations Not Prohibited by the Canada Labour Code,” we reported on the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada....

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Overhaul of the “holiday pay” rules under the Canada Labour Code effective March 16, 2015

There are major changes coming to the “holiday pay” rules for federally regulated employees. Under the current regime, holiday pay calculations vary based on how the employee is compensated. Also, to be eligible for holiday pay, an employee must have...

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Unjust Dismissal Clarified: Without cause terminations not prohibited by the Canada Labour Code

The unjust dismissal sections of the Canada Labour Code (“Code”) were, at one time, thought to have provided enhanced job security for non-unionized individuals employed in the federal sector by significantly narrowing the circumstances in which an employer could discharge...

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Employees’ Voting Rights Act Significantly Changes Federal Labour Relations

The Employees’ Voting Rights Act (the “EVRA”) significantly changes the way in which unions gain and lose bargaining rights in the federal sector in Canada. Federal labour relations law applies to a variety of sectors including the federal public sector,...

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Mandatory Retirement Prohibited in the Federal Sector?

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Key Labour and Employment Law Advice for Purchasers in the Context of a ‘Sale of Business’

The Law Society of Upper Canada

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The Global Workplace 101: Issues facing multinational employers

Canadian Corporate Counsel Association Magazine

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Directors’ Personal Liability For Unpaid Wages

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Do Bargaining Unit Work Clauses Restrict the Re-Assignment of « Shared Functions »?

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Can an Employee on Long-Term Disability be Dismissed?

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