Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…
Industry: Education
September 19, Day of Mourning: What Employers Should Know
On September 13, 2022, Prime Minister Trudeau announced that September 19, 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral, will be designated a National Day of Mourning and a designated holiday for the public service of Canada (i.e. employees of the Government of Canada’s departments, agencies and other public bodies). The day…
Arbitrator Upholds Mandatory Vaccination Policy but Finds Enforcement Mechanisms (Suspension and Termination) Unreasonable
On August 26, 2022, Arbitrator Derek Rogers released Toronto Professional Fire Fighters’ Association, I.A.A.F. Local 3888 and City of Toronto in which he considered the reasonableness of the mandatory COVID-19 vaccination policy (Policy) of the City of Toronto (City). The Arbitrator found that the Policy itself was, and remains, reasonable. However, he found that the…
Arbitrator Finds University’s Vaccination Policy to be Reasonable
On July 22, 2022, Arbitrator Wright released a preliminary award, Wilfrid Laurier University v United Food and Commercial Workers Union, in which he found that the University’s mandatory vaccination policy (Policy) was reasonable. In so finding, he cited the fact that the University implemented the Policy in accordance with the instructions and advice issued by…
Ministry Updates ESA Guide on Electronic Monitoring Policies
On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…
Employers Take Note: Changes to the Infectious Disease Emergency Leave
Employers should be aware of imminent changes to an employee’s entitlements to the Infectious Disease Emergency Leave (IDEL), made under the Employment Standards Act, 2000 (ESA) in response to the COVID-19 pandemic. On July 21, 2022, the Ontario government announced that it is extending entitlement to the three days of paid IDEL (Paid IDEL) for…
Modernizing Canada’s Privacy Laws: What Employers Need to Know About Bill C-27
On June 16, 2022, the federal government introduced Bill C-27, Digital Charter Implementation Act, 2022. If passed, Bill C-27 would repeal Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) and replace it with the new Consumer Privacy Protection Act (CPPA). It would enact the Personal Information and Data Protection Tribunal Act…
Recent Cases of Note
Welcome to our latest edition of the School Board Update. In this Update we discuss three significant decisions. The first decision is from the Ontario Labour Relations Board. It clarifies that, with the revocation of O. Reg. 274/12 Hiring Practices, school boards are obliged to comply with Policy/Program Memorandum No. 165, School Board Teacher Hiring…
Employers Take Note: Certain Employees Entitled to Paid Time Off to Cast Vote in Provincial Election
The Ontario provincial election will be held on June 2, 2022. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote. In some circumstances, this may require employers to provide certain employees with paid time off to vote. For most of the province, voting…
Federal Budget Bill Proposes Amendments to 10 Days’ Paid Medical Leave of Absence under Canada Labour Code
On April 28, 2022, the federal government tabled Bill C-19, Budget Implementation Act, 2022, No. 1, giving effect to the initiatives found in its April 7, 2022 budget, A Plan to Grow Our Economy and Make Life More Affordable. This Federal Post focuses on the Bill C-19 amendments to the new paid medical leave of…