In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…
Industry: School Boards
OLRB Dismisses Duty of Fair Representation Applications Against OECTA
On February 26, 2013, the Ontario Labour Relations Board (“OLRB”) released a decision dismissing four different duty of fair representation applications filed by members and local leaders of the Ontario English Catholic Teachers’ Association (“OECTA”) against OECTA relating to OECTA’s negotiation of its Memorandum of Understanding dated July 5, 2012 with the provincial government (“MOU”)….
Michael Hines Quoted in the Toronto Star
Hicks Morley’s Michael Hines was quoted in the January 29, 2013 edition of the Toronto Star. In an article entitled, “Lawyer warns of consequences on students of ‘work-to-rule’ by teachers,” Michael comments on the bulletins the Elementary Teacher’s Federation of Ontario has sent out directing teachers not to fulfill an array of duties beyond teaching….
Michael Hines Quoted in The Globe and Mail
Hicks Morley’s Michael Hines was quoted in the January 29, 2013 edition of The Globe and Mail. In an article entitled, “Teachers are using children’s activities as ‘political tool’: school board lawyers“, Michael comments on directives from the Elementary Teachers’ Federation of Ontario which have instructed teachers to stop leading sports teams or attending field…
Michael Hines Mentioned in the Toronto Star
Hicks Morley’s Michael Hines was mentioned in the February 6, 2013 edition of the Toronto Star in an article entitled, “Ontario teacher turmoil: School boards’ points to studies that show benefits of extracurriculars.” The article provides details regarding a hearing at the Ontario Labour Relations Board during which Michael asked the Board to look at…
BYOD Policy – Charting A Good Path To Higher Ground
The desire to use personal mobile devices to undertake work has risen like the incoming tide. Employers must make a choice: turn the tide on the use of personal devices by re-enforcing an outright ban or chart a thoughtful path to higher “Bring Your Own Device” or “BYOD” ground. Employers that do neither will sink…
Non-Construction Employers and the Construction Industry Provisions of the Labour Relations Act
Employers that are bound to a construction collective agreement and that do not operate within the construction industry find themselves, from time to time, involved in some kind of construction activity. It is important that these employers are aware that in certain cases, their construction activities may keep them within the construction industry provisions of…
Arbitrator has no Jurisdiction Under OECTA MOU in Absence of Renewal Collective Agreement
On November 23, 2012, Arbitrator Kevin Burkett issued a significant award in which he found he had no jurisdiction to determine a grievance under the Memorandum of Understanding (“MOU”) entered into by the Ontario English Catholic Teachers Association (“OECTA”) and the Ministry of Education in July 2012. The grievance was brought by OECTA against the…
Activities of a School Board Found to be Construction Activities for the Purposes of the Labour Relations Act
The Court of Appeal for Ontario has upheld a decision of the Divisional Court which found the Ontario Labour Relations Board (“OLRB”) was reasonable in its conclusion that the Greater Essex District School Board (“School Board”) was…
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…