In our first School Board Update of 2020, we discuss recent decisions of interest which look at kindergarten class size caps, whether a grievor had the right to remain silent during a school board’s investigation and whether a grievor was entitled to accommodation in respect of her commute to work. We also provide links to…
Industry: School Boards
Arbitrator Renders Helpful Decision for Multi-Site Employers Dealing with Commute to Work Accommodation Requests
In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…
New Year – New Standard of Review
Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Update on Ontario Government Wage Restraint Initiatives
In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).
Ontario Superior Court Affirms that Pension Payments to a Non-Member Spouse Cease Upon Death
In Meloche v. Meloche, the Ontario Superior Court held that, following a pension division under the Ontario Pension Benefits Act (PBA), payments do not continue to the estate of a non-member spouse who predeceases the member spouse. The parties separated in 2017 after 30 years of marriage. The respondent teacher retired in 2015, and elected…
Welcome Back to School!
We hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
FTR Quarterly – Issue 13
In This Issue: The Gig Economy, AI In the Workforce and more!
“Non-Construction” Employer Deeming Provision under LRA Now in Force
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…
Ontario Proposes Increase to Hours for Unionized Employees Under ESA Overtime Averaging Agreements
On June 19, 2019, the government published two regulatory proposals which relate to the Employment Standards Act, 2000 (ESA) and for which the government is inviting feedback by August 5, 2019.