Arbitrator Declares that DECEs Need Not be Scheduled “Side By Side” with FDK Teachers

In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.

WSIB Rate Framework Policy Consultation Extended

As we previously reported, the Workplace Safety and Insurance Board has launched a public consultation on draft policies for the new Rate Framework, which will be implemented on January 1, 2020. The deadline for submissions on the Rate Framework Policy Consultation has been extended from October 13, 2017 to December 5, 2017. Submissions can be…

Back to School Edition – Student-Focused Case Law and Legislative Update

Welcome back to school! We hope everyone enjoyed a restful summer season. To kick off the school year, we bring you the latest edition of our School Board Update with particular emphasis on legislation and decisions involving the student body…

Ontario Expands Access to Licensed Childcare in Schools

The Ontario government has announced that effective September 1, 2017, all publicly funded elementary schools serving students up to Grade 6 are required to provide before- and after-school programs for children aged 4-12 where there is a sufficient demand. The programs may be operated by a school board through a licensed childcare provider for children…

Ontario Minimum Wage to Increase on October 1, 2017

On October 1, 2017, the general minimum wage in Ontario will increase from $11.40 to $11.60 an hour. This minimum wage applies to most employees. Minimum wage rates for specified students, liquor servers, hunting and fishing guides and homeworkers will increase on the same date. Note that the Ontario government has tabled legislation to increase…

Change on the Horizon: Ontario Pension Plan Funding Reform is Coming Soon

Earlier this year, the Ontario government announced proposed reforms to pension plan funding that will have a significant impact on employers and plan administrators with plans registered in Ontario. These changes are expected to be part of the government’s Fall agenda, and will be of particular interest to employers who provide single employer defined benefit (DB) pension plans or participate in multi-employer pension plans (MEPPs) in Ontario.

WSIB Rate Framework Implementation Date Set for January 1, 2020

Further to O. Reg. 349/17 which amends O. Reg. 470/16 made under the Workplace Safety and Insurance Act, 1997, the new Workplace Safety and Insurance Board (WSIB) Rate Framework will be implemented on January 1, 2020, which is one year later than the initial targeted implementation date. As we previously reported, the Rate Framework will fundamentally change…

IMEs and the Scope of an Employer’s Communications with IME Examiners

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…