Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues

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.

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.

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…