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…
Workplace Investigation Training
This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints, discrimination and harassment complaints under the Human Rights Code, employee misconduct such as suspected sick leave abuse or time theft, and more!
The (Funding) Future is Here: Ontario Releases Pension Funding Reform Details
On December 14, 2017, the Ontario government published the long-awaited details to support the proposed reforms to funding rules for Ontario pension plans. The proposed regulations describe the amendments to the Pension Benefits Act Regulations that will, among other things: Alter solvency funding obligations, by reducing the solvency deficiency required to be funded (such that…
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. The book is a comprehensive examination of the many legal issues that impact public education in this country. With informative and easily accessible contributions from members of the legal and academic communities, the topics in this edited collection will be of particular interest to those who work or have an interest in schools and the educational system.
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…
Eastern District School Board Conference
We are pleased to invite you to our complimentary School Board Conference dedicated to school boards in Eastern Ontario at the Delta Hotels by Marriott Kingston Waterfront in Kingston on November 30, 2017, commencing at 10:00 a.m. Our half-day conference will cover a wide variety of topics of interest to supervisory officers and human resources practitioners. We will be presenting on recent developments in labour, employment and human rights law, including critical issues concerning the changing landscape in the school board sector. Our presentations will include time for interactive discussions, including questions. The conference will conclude with lunch.
Ontario School Boards to Implement Care Plans for Students with Prevalent Medical Needs
On October 24, 2017, the Ontario government released a draft policy aimed at supporting students with prevalent medical conditions. Policy PPM 161- Supporting Children and Students with Prevalent Medical Conditions (Anaphylaxis, Asthma, Diabetes, and/or Epilepsy) in Schools, to be finalized in Winter 2018, will require school boards across Ontario to have individualized care plans in…