The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Industry: School Boards
FTR Quarterly – Issue 9
In This Issue Sexual Harassment: Best Practices for Proactive Employers and Service Providers FTRQ&A – Customer-to-Customer Harassment: Service Provider Liability Questions, Answered Tips for Conducting Harassment Investigations Sexual Harassment and Your Organization: Best Practice Tips for Boards of Directors For Your Workplace, At Your Workplace: Hicks Morley’s On-Site Learn-by-Doing Training Programs Featured Articles Sexual Harassment:…
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
Regulation Made Under School Boards Collective Bargaining Act, 2014 Sets Out Minister’s Authority as Crown Representative
On March 1, 2018, the Ontario government filed O. Reg. 50/18 “Minister’s Authority as Crown Representative” made under the School Boards Collective Bargaining Act, 2014 (Act). O. Reg. 50/18 sets out the Minister’s authority to exercise the powers of the Crown under the Act. In table format, the Regulation specifies the general nature of the Crown…
Education Law in Canada: A Guide for Teachers and Administrators Published
Lauri Reesor and Brenda Bowlby recently published a chapter on Special Education Law in the text, Education Law in Canada: A Guide for Teachers and Administrators. “Education has long been recognized as a “service” that is protected by human rights legislation, and special education has been recognized as the means by which accommodations are determined and implemented for students with…
Jessica M. Toldo
Jessica advises employers on a wide range of labour and employment matters. This includes labour disputes, grievance arbitrations, human rights and accommodation.
Expert Guides Best of the Best 2017 Recognizes Two Hicks Morley Lawyers
Best of the Best, the international legal market’s leading guide to the top legal practitioners, has recognized two Hicks Morley lawyers in its Expert Guides 2017 directory for the practice area of Labour and Employment law. Congratulations to Stephen Shamie and John Brooks on this recognition!
Ontario Proposes Key Reforms to the Framework for Collective Bargaining in the Education Sector
Significant proposed reforms to the existing framework for collective bargaining in the education sector may change the way school boards and unions negotiate agreements – and could impact the outcomes achieved at the table. Find out what may be in store…
Protecting Students Act Passes Third Reading
On November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading…
Arbitrator Orders New Sick Leave Provisions for ETFO Teachers
In an important interest arbitration award, Arbitrator William Kaplan accepted the proposal of the Ontario Public School Boards Association (OPSBA) and the Crown to add two specific sick leave provisions to the central terms of the Elementary Teachers Federation of Ontario (ETFO) teachers’ collective agreements…