The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
Business Operation: Ontario
New Private Member Bill Proposes “Card Check” Unionization, First Contract Arbitration Model for Ontario
On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring “card check” union certification back to Ontario for the first time since 1995, and to implement a new first contract arbitration process. It is important to note that private…
Bill 92, School Boards Collective Bargaining Amendment Act, 2017, Receives Royal Assent
On March 27, 2017, Bill 92, School Boards Collective Bargaining Amendment Act, 2017, received Royal Assent. The Bill amends the School Boards Collective Bargaining Act, 2014 and reforms the collective bargaining framework in the education sector. Amendments include, among other things, making central bargaining a mandatory component of collective bargaining and permitting an employer bargaining…
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Reaching Out – Thirteenth Edition
With the first official day of spring behind us, we are pleased to provide our Spring 2017 edition of Reaching Out. Chuck Hofley and Siobhan O’Brien, both from our Ottawa office, have set out some useful tips for those of you about to enter into collective bargaining…
Ontario Human Rights Commission Publishes Inquiry Report on Sexual & Gender-Based Dress Codes
One year after releasing a new policy on sexualized and gender-specific dress codes, the Ontario Human Rights Commission (Commission) has released findings from its inquiry into related practices at certain large restaurant chains operating in the province. Learn more about it in this FTR Now…
Appellate Court Finds Labour Arbitrator has Jurisdiction in EI Premium Reduction Case
In a recent decision, the Ontario Court of Appeal underscored the importance of judicial deference to the arbitration and grievance process…
Appellate Court Finds Termination Clause Unenforceable for Breach of ESA
The recent dismissal by the Supreme Court of Canada of an employee’s leave to appeal an appellate decision which upheld the enforceability of a minimum standards-only termination clause was good news for employers…
Ontario Proposes Key Reforms to the Framework for Collective Bargaining in the Education Sector
Significant proposed reforms to the existing framework for collective bargaining in the education sector may change the way school boards and unions negotiate agreements – and could impact the outcomes achieved at the table. Find out what may be in store…
Executive Compensation Program Implementation – Lessons Learned to Date
Much has happened since the Ontario government released Regulation 304/16 (Regulation), made under the Broader Public Sector Executive Compensation Act, in September 2016. The Regulation provided long-anticipated direction to broader public sector employers…