Student Violence May Form Basis for a Teacher’s Lawful Work Refusal

A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…

Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics

The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…

The Year in Review – 2023 Cases of Note

We are back with our annual review of the prior year’s notable cases that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch for in 2024. Next week, we will bring you our review of notable 2023 legislative updates. Cases of Note Employment Termination of…

Ontario Announces Proposed Changes to Employment Requirements, Including Disclosure of Salary Ranges in Job Postings

On November 6, 2023, the Ontario government announced it will introduce legislation to require Ontario employers to disclose salary ranges in job postings. The legislation would also require employers to disclose whether they used artificial intelligence during the hiring process. Other proposed changes include: Further, the government announced that it will be conducting consultations on…

Consultation Regarding the Director of Education Performance Appraisal

The Ministry of Education has announced that a new regulation may be proposed which would set out the requirements and process for monitoring and evaluating the performance of directors of education. The Ministry of Education has begun a consultation seeking input from stakeholders on this initiative. The details of the consultation are discussed below. Background…

Bill 98, Better Schools and Student Outcomes Act, 2023 receives Royal Assent

As we reported previously, the Ontario Government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 (Bill 98) on April 17, 2023. On June 8, 2023, Bill 98 received Royal Assent and is now law. As a result, a number of significant amendments to the Education Act, the Ontario College of Teachers Act, 1996…

Recent Cases of Note

Welcome to our latest edition of the School Board Update. In this update we discuss two significant decisions. The first is an arbitration decision where the grievor alleged the Ottawa Catholic School Board failed to accommodate her and discriminated against her on the basis of her age by requiring her to teach on site rather…

Ontario Proposes Significant Amendments Impacting School Board Sector

On April 17, 2023, the Ontario government introduced Bill 98, Better Schools and Student Outcomes Act, 2023 for First Reading. If passed, Bill 98 would amend the Education Act, the Ontario College of Teachers Act, 1996 and the Early Childhood Educators Act, 2007. The government has invited interested stakeholders to comment on the proposed amendments…

Did You Ask to Share That? Arbitrator Comments on School Board’s Ability to Share Medical Information with Third Party

In Toronto Catholic District School Board v Canadian Union of Public Employees, Local 1328, Arbitrator Goodfellow recently issued a local arbitration decision concerning the administration of the Board’s sick leave and short-term disability plans. The hearing related to multiple grievances all touching on similar issues. Arbitrator Goodfellow specifically answered two questions: (i) Could the Board…