In a decision dated April 17, 2018, the Divisional Court has invited arbitrators to reject the so-called “void ab initio” doctrine that in the past has often resulted in discipline imposed by management being rendered null and void due to the breach of a sunset clause or other similar provisions. Learn more in this FTR Now.
Author: Hicks Morley
Court Invalidates ESA-Only Termination Clause, Again
In King v DST Systems, the Ontario Superior Court again struck down an Employment Standard Act, 2000 (ESA)-only termination clause – this time for not mentioning benefits.
Arbitrator Finds Co-ordinator Duties Should Be Considered in Assessing Whether a Professor Has Sessional Status
An arbitration award in St Lawrence College and OPSEU Local 417 rendered on March 26, 2018 is potentially very significant to the distribution of work between full-time, sessional, partial load and part-time professors by a college. This College Update reviews the award and its possible impact on college staffing decisions going forward.
Pension Funding Reform Continues: Taking Aim at Target Benefit Multi-Employer Pension Plans
Pension plans that meet the definition of specified Ontario multi-employer pension plans (SOMEPPs) are one step closer to having the option to convert accrued defined benefits (DB) to target benefits (TB) – and one step closer to a permanent exemption from solvency funding. If your organization participates in a SOMEPP, find out what this could mean for your organization in this FTR Now.
Bill 148 and Collective Bargaining in the Social Services Sector
Many Social Services agencies across Ontario are currently in collective bargaining, or will be shortly. With key Bill 148 amendments to the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA) and the Occupational Health and Safety Act now in force, planning your strategic approach is essential to achieving outcomes that will work for your organization, and support your mandate. Learn how you can prepare for the bargaining table in this FTR Now..
Ontario Budget 2018
On March 28, 2018, the Ontario government tabled its 2018 Budget, A Plan for Care and Opportunity and introduced Bill 31, the Plan for Care and Opportunity Act (Budget Measures), 2018. The Budget outlines key initiatives around retirement security and pension reform, healthcare, education, further initiatives to specifically address gender equality issues, representation of women, and more…
It’s All in the Timing – Minimum Standards and When Employees Are Considered to be “Working”
In this edition of the Monitor, we will summarize a few recent cases on the topic of when an employee is “working” and entitled to compensation. These cases demonstrate that not all travel time is compensable, that pre-employment training time can be compensable, and that an employer can determine that a meal break must be taken in the workplace as long as it is uninterrupted.
Federal Budget 2018
On February 27, 2018 the federal government tabled its 2018 Budget, Equality & Growth: A Strong Middle Class (Budget). The Budget contains several key initiatives, including a new Employment Insurance parental sharing benefit, the permanent extension and expansion of the Employment Insurance Working While on Claim pilot project…
Arbitrator Confirms that a Teacher on Voluntary Unpaid Leave is Not Entitled to Sick Leave Until She Makes a Bona Fide Return to Work
In a decision dated February 20, 2018, Arbitrator William Kaplan dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning a teacher’s entitlement to sick leave when, following a voluntary unpaid non-statutory leave of absence, she is unable to return to work due to an intervening illness or injury.
Human Rights Tribunal Dismisses Special Education Human Rights Application, No Prima Facie Case of Discrimination Found
In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control. Learn more in this School Board Update.