In an award dated July 30, 2015 [1] (“CSDCEO Award”), Arbitrator Rowan held that the 97-day delay in salary grid movement for teachers, imposed in various teacher collective agreements by a centrally agreed Memorandum of Understanding (“MOU”), was subject to the statutory freeze in the Labour Relations Act, 1995 (the “LRA”). Therefore, the provision could not…
Category: Education Law
OSSTF Found to Have Engaged in Unlawful Local Strikes
In its decision released on May 26, 2015, the Ontario Labour Relations Board (the “OLRB”) ruled that the ongoing Ontario Secondary School Teachers’ Federation (“OSSTF”) teacher strikes occurring at the Durham, Peel and Rainbow District School Boards were unlawful. This conclusion was reached on the basis that the scheme of the School Boards Collective Bargaining…
Decision of Private School Not Subject to Judicial Review
In an important decision on the reach of administrative law, the Court of Appeal for Ontario held that a private school’s decision to expel a student for smoking marijuana in his dorm room was not subject to judicial review by the courts. The private school, Appleby College, is incorporated by a Special Act of the…
Are Decisions of Private Schools Subject to Judicial Review? Does it Matter?
In the recent decision Setia v. Appleby College, a student at Appleby College, a private school in Oakville, was expelled “after he admitted to smoking marijuana in a friend’s dormitory the night before the final day of his sixth and final year at Appleby College.” The boy’s mother attempted to contact the principal, but “was…