In a significant decision for post-secondary institutions, Arbitrator Leslie Reaume has upheld the for-cause termination of a tenured university professor at Brock University for the sexual harassment of a graduate student. The ruling sends a clear message that the power imbalance in supervisory relationships is not an invitation for inappropriate conduct. Sexually charged and personally…
Industry: School Boards
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…
Arbitrator Kaplan Clarifies Earlier Interest Arbitration Awards
On May 29, 2024, a board of arbitration (Board) chaired by Arbitrator William Kaplan issued its decisions on two interest arbitration cases in the school board sector which addressed outstanding compensation issues between the Ontario Secondary School Teachers’ Federation (OSSTF), the Crown, and the Ontario Public School Boards’ Association (OPSBA) in respect of secondary school…
Important Regulatory Amendments Impact School Board Member Codes of Conduct
New regulations under the Education Act provide express obligations and prohibitions that must be included in a school board’s code of conduct for its board members. The regulations also set out new requirements around integrity commissioners. This article explains these new requirements and what a school board will need to do now to bring itself…