In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.
Author: Hicks Morley
FTR Quarterly – Issue 12
In This Issue: Year in Review – Key Human Resources Law Developments of 2018, The Road Ahead: Human Resources Trends and Issues to Watch in 2019 and more!
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Litigation Law [Video]
In this video, Frank Cesario discusses five of the key differentiating factors about Canadian litigation that U.S. organizations should be aware of including: damages, document production and discovery, costs, mandatory mediation and differences in court structure.
Federal Government Proposes Legislative Amendments to Address Salary Overpayments
On January 15, 2019 the federal government announced proposed amendments to the Income Tax Act (ITA), Employment Insurance Act (EI Act) and Canada Pension Plan (CPP) that would more readily facilitate the correction of salary overpayments made to employees.
IPC Publishes Guidance for School Boards on Their Obligations Under MFIPPA
The Information and Privacy Commissioner of Ontario (IPC) has published A Guide to Privacy and Access to Information in Ontario Schools (Guide). The Guide provides a succinct overview of a school board’s responsibilities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA or Act). The Act obliges school boards to protect individual privacy and maintain the freedom of information for records in their custody or control. The Guide provides particularized examples from IPC decisions concerning school boards.
Workplace Law in Canada
Workplace law in Canada operates in a significantly different way than workplace law in the United States. This short primer sets out the main features of Canadian workplace law to enable American legal counsel to understand the basic differences and ask further questions.
Ministry of Labour Publishes New ESA Poster
The Ministry of Labour has published a revised version of the ESA poster (Version 8.0) to reflect the recent changes to the Employment Standards Act, 2000 made by Bill 47, Making Ontario Open for Business Act, 2018. Employers are required to post the poster in a conspicuous place in the workplace, among other things. Learn more in this FTR Now.
Health and Safety Disclosure Obligations: What You Need to Know
What information is a school board required to provide to its joint health and safety committee (JHSC)? Following Arbitrator Parmar’s decision earlier this year in Toronto Catholic District School Board v. Ontario English Catholic Teachers Association (Grievance re Health and Safety) (Award), many unions are demanding that school boards provide additional student-related information to the JHSC. Learn more about the decision – and what your organization should consider before complying with these requests – in this School Board Update.
Potential Liability for Sexual Harassment in the Workplace
This is a time of increased vigilance for inappropriate or unlawful conduct in the workplace, including with respect to sexual harassment and sexual assault. Who can be potentially liable in these situations? Learn more in this Raising the Bar.
The Right to Disconnect and More: Final Federal Post of 2018
In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…