On September 8, 2016, changes to the Occupational Health and Safety Act (OHSA) will come into force. The amendments require employers to develop policies and programs to prevent harassment, including sexual harassment, in the workplace. The Ministry of Labour has now finalized its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and…
Industry: Colleges
Two Recent Arbitration Awards Confirm Obligations of Faculty During Non-Teaching Periods
Two recent arbitration awards dealing with issues relating to non-teaching periods of faculty will be of interest to all colleges…
Insights for Colleges on New Government Inclusivity Initiatives Targeting Gender Identification Information
With the Ontario government planning to announce a gender identification information policy for ministries later this year, the movement towards gender inclusivity in this area is well underway…
Arbitrator Considers “Preference to Full-Time” in Support Staff CBA
In an award released June 29, 2016, George Brown College and OPSEU Local 557, Arbitrator Stephen Raymond considered the obligation in Article 1.2 of the Support Staff Collective Agreement to “give preference to full-time over part-time assignments.”
New Regulations Outline Details of Requirements Under Ontario’s Sexual Violence and Harassment Legislation for Colleges and Universities
The Ontario government has filed two regulations mandating the content of sexual violence policies which colleges and universities must develop and implement pursuant to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”).
Universities and Colleges Take Note: Sexual Violence and Harassment Legislation Passed
On March 8, 2016, legislation addressing sexual violence and harassment was passed and received Royal Assent. As previously reported, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”) requires publicly assisted colleges and universities and private career colleges to develop a sexual violence policy and creates…
Sexual Violence and Harassment Legislation Passed
On March 8, 2016, legislation addressing sexual violence and harassment was passed and received Royal Assent. As previously reported, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”) creates specific duties for all employers to develop policies and procedures to prevent sexual harassment in the workplace,…
HRTO Decision Granting Significant Remedies Upheld on Appeal
The Divisional Court has upheld a decision of the Human Rights Tribunal of Ontario in which the Tribunal ordered significant damages against the Hamilton-Wentworth District School Board and also ordered reinstatement of an employee after an almost decade-long absence from the workplace. The Court agreed with the applicant’s submission that “the goal of the remedial provisions of the Code ought not to…
Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)
On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…
Supervisors of Part-Time College Employees Now Excluded from Union Membership
In a decision with important implications for colleges across the province, Arbitrator Brian Keller has found that college employees who supervise part-time bargaining unit members are excluded from bargaining unit membership by operation of the Colleges Collective Bargaining Act (the “CCBA” or “Act“). In this FTR Now, we discuss this decision and its significance for…