Law Times

Law TiMes • March 1, 2010 FOCUS New law will end partial windups of plans Continued from page 11 jobs, the 73 non-unionized employees aff ected by the ter- minations made an applica- tion for a windup of the plan. It had 3,913 active members of whom 379 were non-union employees. "Th e number of af- fected members relative to the entire plan was insignifi cant, so the court chose not to look at the total number of members as the comparison but at a sub- set," Newton notes. "It is typi- cal for most companies to have a separate plan for unionized and non-unionized employees. Th e Hydro plan was a little bit unusual in that both groups were within one plan. "Th e court said if there had been two plans, one for the bigger group and one for the smaller, there would have been a partial windup," a notion Newton calls "fallacious." "It didn't have two plans; it had one. Th e court was reaching, trying to fi nd any way it could to back up the fi nding of the [Fi- nancial Services] Tribunal." Th e decision signals a strong respect for the discretion of the tribunal, according to Newton. "Over the past fi ve to 10 years, the judiciary has looked at the standard of review with respect to decisions of specialist tribu- nals like the Financial Services Tribunal. Unless a decision is unreasonable or the interpreta- tion of the law is incorrect, it will be upheld." Newton reports a general sense of uneasiness in the busi- ness community because of the decision. "It gives the Financial Services Tribunal the right to revisit scenarios where there's been restructuring and apply this reasoning, and there's been a lot of restructuring over the last few years." As a result, it has ramifi ca- tions in the future for anyone who is in the course of restruc- Ontario's pension reforms I n December, the Ontario government unveiled its proposals for reforming the province's pension system. Th e pension benefi ts amendment act, which is currently in sec- ond reading in the legislature, includes the following changes, some of which benefi t workers and some of which benefi t em- ployers: • Extending grow-in benefi ts to all eligible pension plan members whose employ- ment is terminated by their employer other than for cause. • Providing for immediate vesting of pension funds. • Allowing the Financial Ser- vices Commission of On- tario to require special valu- ations for plans at risk in order to improve oversight and protection. • Eliminating partial windups of pension plans. • Allowing for phased retire- ments in order to increase labour force fl exibility and let employers keep experi- enced workers. • Enabling plans to restruc- ture more easily in transac- tions such as mergers and divestments through a sim- plifi ed regulatory process. Source: Ontario Ministry of Finance LT0301 Keith_HRG Preventing Workplace Violence 2E (LT 1-4x3).indd 1 ORDER your copy today Perfectbound • 236 pp. February 2010 • $79 P/C 0969010002 ISBN 978-0-88804-490-7 turing on the need to be sen- sitive to how many employees are in a particular subset with- in the plan. "Th is does not just mean a particular group," Newton warns. "Th e court may look at a particular loca- tion as well. Th e extensions of this are a bit dangerous." It is of some relief to employ- ers that the judgment will prob- ably not survive anticipated changes to pension law con- tained in proposed amendments to the Pension Benefi ts Act. "Th ere is a wave going across Canada," says Newton. "Pen- sion law is going to be changed dramatically. Th ere will be no partial windups in Ontario after Dec. 31, 2011, if the amend- ments are passed as proclaimed, so this decision will have only a temporary application." LT Human Resources Guide to Preventing Workplace Violence Second Edition Includes detailed analysis of Ontario's new violence prevention law, Bill 168 and a new chapter on Violence Prevention in the Health Care Sector Get the most up-to-date information, guidance and direction on Bill 168, . Bill 168 has been passed into law, and for the first time, every employer in Ontario will have a positive duty to prevent and manage workplace violence and harassment. Learn the tools to create a comprehensive violence prevention program that systematically manages the problem of workplace violence and harassment, protects your business from legal liability, and safeguards your workers from harm. This resource fully explains: • what constitutes workplace violence • the various governing federal and provincial laws • the role of occupational health and safety legislation • updated policies and procedures • the need for a systematic approach to the problem • how to develop a violence prevention program • advice for effectively dealing with the aftermath of a violent incident The prevalence of workplace violence in the health care sector is discussed, outlining the risk factors that can lead to violence with recommendations to combat this growing problem. PAGE 13 LT0110 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. 2/24/10 2:04:44 PM Ownership notwithstanding, your business is our business. The most productive relationships are born of mutual understanding. That's why we're as committed to getting to know our clients' business as we are to helping them understand the intricacies of labour and employment law. Toronto 416.408.3221 Untitled-4 1 I www.lawtimesnews.com London 519.433.7270 I filion.on.ca 7/8/08 10:44:18 AM Norm Keith and Goldie Bassi An Act to Amend the Occupational Health and Safety Act respect to violence and harassment in the workplace with

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