On February 19, 2019, the Ministry of Labour invited feedback on its Pay Transparency Consultation Paper to assist it in the development of regulatory pay transparency reporting requirements under the Pay Transparency Act, 2018 (Act). The coming into force date of that Act was postponed indefinitely by Bill 57, Restoring Trust, Transparency and Accountability Act,…
Category: Uncategorized
Government Invites Comments on Proposed Amendments to Mines and Mining Plants Regulation under OHSA
The Ministry of Labour is proposing various amendments to Regulation 854 (Mines and Mining Plants) made under the Occupational Health and Safety Act (OHSA). Regulation 854 applies to all mines, mining plants, and mining development in Ontario. It sets out sector-specific requirements protecting the health and safety of workers. The Ministry has prepared a consultation…
Supreme Court Privacy Case Affirms the Importance of School Safety
Yesterday, the Supreme Court of Canada held that a teacher committed the crime of voyeurism by surreptitiously recording images of female high school students. In finding that the students had a reasonable expectation of privacy, the Court relied on the trust imposed on teachers and the need for a safe and orderly school environment – a positive for school boards.
Attention Ontario Colleges and Universities: It’s Time to Review Your Sexual Violence Policies!
All Ontario colleges and universities have an important task to complete soon. They must conduct a review of their sexual violence policies, and this review must consider student input.
An Update on the Status of Family Status – Just in Time for Family Day
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.
Top Five Tips for Investigations in a Unionized Workplace
This Client Toolkit outlines the five top tips for conducting investigations in a unionized workplace.
Reaching Out – Fourteenth Edition
Dear Friends, Welcome to our Winter 2019 edition of Reaching Out. The last 18 months have been a tumultuous time in employment law in Ontario. We saw the introduction of sweeping changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 in January 2018, only to see many of them repealed in January…
Amendments to Complaints and Appeals Provisions of the Canada Labour Code to Come into Force on April 1, 2019
The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article…
Appellate Court Upholds Finding that Injured Worker who Returned to Full-Time Work Entitled to Receive 100% FEL Benefits to Age 65
In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….
School Boards Take Note: Recent Developments of Interest
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.