In this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Human Resources Legislative Update
New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available
On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…
Human Resources Legislative Update
Federal Government Issues Fall Economic Statement
On November 21, 2018, the federal government issued its Fall Economic Statement 2018, “Investing in Middle Class Jobs” (Statement). Among other things, the Statement: reiterates the Budget 2018 commitment of an evidence-based approach towards addressing retirement security and announces that targeted consultations will soon be launched as the government continues to explore ways to enhance…
FTR Now
Legislation Reversing Parts of Bill 148 Passes
On November 21, 2018, Bill 47, the Making Ontario Open for Business Act, 2018, as amended by the Standing Committee on Finance and Economic Affairs, passed Third Reading…
FTR Views
The Law Regarding Service Animals [Video]
Failing to accommodate guide dogs or service animals is potentially a failure to accommodate a disability. There may also be competing rights or obligations to consider when such situations arise in your organization. In this video, Elizabeth Winter takes us through the law regarding service animals – an important area of human rights law – with a focus on best practices for identifying a service animal and your organization’s responsibility to accommodate staff and clients.
FTR Now
The Outlook is More Change: Ontario Proposes Significant Reforms to Pension and Employment-Related Statutes
The Ontario government’s Economic Outlook and Fiscal Review (Fiscal Review) and supporting omnibus legislation, Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57), propose a number of significant reforms and initiatives to pension, benefit, tax and employment-related legislation that will impact your workplace and pension plan administration. Bill 57 also contains proposals related specifically to fire services, which were outlined in our prior communication, Ontario Government Tables Legislation Impacting Bargaining and Interest Arbitration in the Fire Sector.
Case In Point
Court Uses Expanded Fact-Finding Powers to Grant Summary Judgment in Departing Employee Case
The Ontario Superior Court of Justice recently considered the obligations of departing employees to their former employers with respect to fiduciary duty, confidential information and solicitation of former customers. In OIBC v. KO, Ms. Ko had worked with Overseas Insurance Brokers Corporation (OIBC or Plaintiff) for 23 years as an insurance broker. She gave her…
FTR Now
Ontario Proposes Significant Reforms to Pension and Employment-Related Statutes
On November 15, 2018, the Ontario government introduced Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018, omnibus legislation supporting key reforms outlined in the 2018 Ontario Economic Outlook and Fiscal Review (Fiscal Review), titled, “A Plan For the People,” which was also released on that date.
FTR Now
Ontario Government Tables Legislation Impacting Bargaining and Interest Arbitration in the Fire Sector
On November 15, 2018, the Ontario government introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57), omnibus legislation giving effect to initiatives found in its 2018 Ontario Economic Outlook and Fiscal Review. If passed, Schedule 18 of Bill 57 will amend the Fire Protection and Prevention Act, 1997 (FPPA) to, among other things, address collective bargaining and interest arbitration in the sector, and enhance protections for volunteer firefighters engaged in “two hatting.”
Human Resources Legislative Update
CRTC Publishes Guidance on Indirect Contraventions of Canada’s Anti-Spam Law
On November 5, 2018, the CRTC published its Compliance and Enforcement Information Bulletin CRTC 2018-415 (Bulletin), which is a guideline regarding the prohibition against facilitating spam under Canada’s Anti-Spam Law (CASL). Section 9 of CASL imposes prohibitions and penalties for activities that facilitate the contravention of the anti-spam provisions in sections 6-8. The non-facilitation prohibition…