On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…
Industry: School Boards
Ontario Government’s March 2010 Budget Directions Considered at Interest Arbitration
Recently, Arbitrator MacDowell released an interest arbitration award involving SEIU Local 2 and Sunnybrook Health Sciences Centre that considered the impact of the Ontario government’s 2010 Budget directions on collective bargaining. This award is the first of a number of expected interest arbitration decisions addressing the government’s new fiscal directive. We discuss the decision and…
2010 Summer Issue
LEGAL DEVELOPMENTS Student Communication Through Social Media – The Struggle to Define Misuse “Stress” Leave – The Legal Framework FOCUS ON SCHOOL BOARDS Tales Out of School PROFILE Making School a Priority Download PDF
Consultations on Public Sector Compensation Begin
On July 20, 2010, the Ontario government initiated a consultation process designed to address upcoming compensation negotiations for “bargaining” employees not caught by the Compensation Restraint Act. In this FTR Now, we discuss the potential implications of this process for public sector employers. BACKGROUND In March, as part of its 2010 Budget, the government introduced…
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
An Educator’s Guide to Special Education Law, Second Edition
This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. It details changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It also updates case law generated by the courts, the Special Education Tribunal and the…
School Board Update – ETFO Organizing Campaign
As you know, the Ministry of Education’s Early Learning Program requires boards to hire designated early childhood educators (“DECEs”) to work alongside teachers in delivering the Program to junior kindergarten and kindergarten pupils. The Elementary Teachers’ Federation of Ontario (“ETFO”) has recently made it clear that it will seek to represent the designated early childhood…
School Board Update – Bill 242 Carried at Third Reading
On April 27, 2010, Bill 242 (the legislation associated with the Government’s Early Learning Program, or “ELP”) carried at Third Reading. It is expected to receive Royal Assent shortly, and will come into force on a date to be named by proclamation of the Lieutenant Governor. Bill 242 was considered by the Standing Committee on…
WSIB Changes Its Practice on the Payment of Loss of Earnings Benefits
Effective December 7, 2009, the Ontario Workplace Safety and Insurance Board (“WSIB”) changed its operational practice of paying loss of earnings (“LOE”) benefits even when a worker is no longer in the workforce and has no loss of earnings. This change in practice followed a series of successful employer challenges argued by Hicks Morley lawyers…
School Board Update – Provincial Interest Regulation Now In Effect
Overview of the PIR The Ministry of Education filed its long-awaited Provincial Interest Regulation (PIR) on February 26, 2010 and the PIR is now in effect. It is intended to strengthen the accountability of school boards for student achievement and well-being. Most notably, the PIR allows the Minister of Education to intervene in the affairs…