In this FTR Now, which focuses on health and safety issues, we discuss two recent cases from the Ontario Court of Justice which suggest that there should be a shift in the approach to sentencing corporations convicted under the Occupational Health and Safety Act (OHSA).
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Staffing Success in the Fire Sector: Decrease in Minimum Staffing Clause Awarded
Staffing in the fire sector is quickly becoming an emerging topic. Whether it is the minimum staffing provision in a Collective Agreement or the minimum number of firefighters per pumper, both associations and municipalities have been raising these issues at bargaining and interest arbitration. A recent significant case in the fire sector provides some much needed clarity for municipalities. For the first time that we are aware of, an Arbitration Board has decreased a minimum staffing clause.
Federal Government Clarifies Scheduling Requirements for On-Call Employees, Seeks Submissions on Hours of Work Requirements
The federal Labour Program has been holding consultations on the scheduling and hours of work provisions in the Canada Labour Code (Code) that came into force on September 1, 2019. The first round of consultations took place in the fall of 2019.
Ontario Introduces Plan to Reform Home and Community Care Services
On February 25, 2020, the Ontario government tabled Bill 175, Connecting People to Home and Community Care Act, 2020 (Bill 175). The legislation is intended to improve funding and access to home and community care for patients.
Ontario Labour Relations Board Issues its First “Gig Economy” Decision
In its first “gig economy” decision, the Ontario Labour Relations Board (Board) has concluded that Foodora couriers are dependent contractors and therefore may unionize. Foodora is a web services company that provides an online marketplace platform connecting consumers to restaurants, through the use of couriers. Board’s Test for Dependent Contractor Status In Canadian Union of…
Kindergarten Class Size Caps, Right to Remain Silent During a Board’s Investigation and More…
In our first School Board Update of 2020, we discuss recent decisions of interest which look at kindergarten class size caps, whether a grievor had the right to remain silent during a school board’s investigation and whether a grievor was entitled to accommodation in respect of her commute to work. We also provide links to…
Arbitrator Renders Helpful Decision for Multi-Site Employers Dealing with Commute to Work Accommodation Requests
In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…
Management Rights, Sick Leave under HOODIP and More
In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
Ontario Safety Blitz to Target Construction Sites, Roadworks
The Minister of Labour, Training and Skills Development has announced that from February 4, 2020 to March 13, 2020, Ontario workplace inspectors will be conducting a safety blitz targeting construction sites and roadwork projects. During this blitz, inspectors will be focusing on personal protective equipment (PPE) which may include a variety of items, depending on…
Modernizing Federal Labour Standards, and More
In this Federal Post, we look at the recently released study on modernizing labour standards in the federally regulated private sector, the second such study in the last few years.