Addressing complaints of the maltreatment and abuse of athletes continues to be a developing and hot-button issue in Canadian law. The Sport Dispute Resolution Centre of Canada (SDRCC) recently released its June 27, 2024 decision in Elvira Saadi v Gymnastics Canada (GymCan), which upheld the original decision of a disciplinary panel of Gymnastics Canada (GymCan)…
Author: Hicks Morley
Ontario Government Launches Consultation on New Job Posting Rules Under the ESA
On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…
City of Greater Sudbury Exercised Due Diligence in Construction Site Fatality As Appeal Dismissed by Ontario Superior Court of Justice
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Arbitrator Kaplan Clarifies Earlier Interest Arbitration Awards
On May 29, 2024, a board of arbitration (Board) chaired by Arbitrator William Kaplan issued its decisions on two interest arbitration cases in the school board sector which addressed outstanding compensation issues between the Ontario Secondary School Teachers’ Federation (OSSTF), the Crown, and the Ontario Public School Boards’ Association (OPSBA) in respect of secondary school…
Important Regulatory Amendments Impact School Board Member Codes of Conduct
New regulations under the Education Act provide express obligations and prohibitions that must be included in a school board’s code of conduct for its board members. The regulations also set out new requirements around integrity commissioners. This article explains these new requirements and what a school board will need to do now to bring itself…
Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Becoming a Program Signatory to the SDRCC/OSIC
Introduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…
COVID-19 Tests Are Not Genetic Tests for the Purpose of the Canada Labour Code
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Summer 2024 Updates for Social Services Employers
Dear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Federal Government Passes Legislation to Ban Replacement Workers
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….