Industry: Universities

Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge

· 4 min read

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…

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

· 5 min read

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.

Ministry Releases Code of Practice to Guide Employers in New Workplace Harassment Obligations

· 4 min read

On September 8, 2016, changes to the Occupational Health and Safety Act (OHSA) will come into force. The amendments require employers to develop policies and programs to prevent harassment, including sexual harassment, in the workplace. The Ministry of Labour has now finalized its “Code of Practice to Address Workplace Harassment under Ontario’s Occupational Health and…

New Regulations Outline Details of Requirements Under Ontario’s Sexual Violence and Harassment Legislation for Colleges and Universities

· 5 min read

The Ontario government has filed two regulations mandating the content of sexual violence policies which colleges and universities must develop and implement pursuant to the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”).

Universities and Colleges Take Note: Sexual Violence and Harassment Legislation Passed

· 8 min read

On March 8, 2016, legislation addressing sexual violence and harassment was passed and received Royal Assent. As previously reported, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”) requires publicly assisted colleges and universities and private career colleges to develop a sexual violence policy and creates…

Sexual Violence and Harassment Legislation Passed

· 6 min read

On March 8, 2016, legislation addressing sexual violence and harassment was passed and received Royal Assent. As previously reported, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”) creates specific duties for all employers to develop policies and procedures to prevent sexual harassment in the workplace,…

Ontario Re-Introduces BPS Accountability, Transparency Legislation (Formerly Bill 179)

· 8 min read

On July 8, 2014, the Ontario government re-introduced broader public sector (“BPS”) accountability and transparency legislation. If passed, proposed measures in Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014, would give the government the authority to create comprehensive compensation frameworks for certain employers in the BPS, and would implement a number…