In Yolande Linton v. Mohawk College of Applied Arts and Technology, the Ontario Labour Relations Board (Board) upheld and enforced a settlement between the parties, dismissing the Applicant’s unlawful reprisal claim under section 50 of the Occupational Health and Safety Act. For employers, this decision reinforces that clearly communicated and accepted settlement terms can be…
Industry: Colleges
Ontario Modernizes Its Freedom of Information and Privacy Regime
Ontario has passed significant amendments to its freedom of information and privacy legislation, with important implications for public-sector institutions. This article outlines the key changes under Bill 97, what they may mean for public-sector employers and how organizations can begin preparing now.
BC Labour Relations Board Overturns Arbitration Award Regarding Age 65 Cutoff to LTD Benefits
A recent BCLRB decision clarifies how age 65 LTD cut offs can still qualify as “bona fide” under human rights legislation. Natasha Monkman and Andrew Easto break down the decision and what this could mean for employers.
Back-to-Work Legislation Justified Under Section 1 of the Charter, Ontario Court of Appeal Holds in Landmark Decisions
The Ontario Court of Appeal has, for the first time, considered the constitutionality of back to work legislation under the Canadian Charter of Rights and Freedoms (Charter). As Canadian courts have previously recognized, section 2(d) of the Charter protects the rights of workers to advance their workplace goals through a collective bargaining process and to…
Arbitrator Upholds For-Cause Termination of Tenured University Professor for Sexual Harassment of Graduate Student
In a significant decision for post-secondary institutions, Arbitrator Leslie Reaume has upheld the for-cause termination of a tenured university professor at Brock University for the sexual harassment of a graduate student. The ruling sends a clear message that the power imbalance in supervisory relationships is not an invitation for inappropriate conduct. Sexually charged and personally…
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Safe Sport Considerations for Colleges and Universities
While Canadian colleges and universities are not required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the UCCMS), they may find themselves bound to the UCCMS by their participation with certain governing sport bodies and may want to develop their own policies to ensure a safe sport environment.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…