In a decision dated November 29, 2022, Justice Koehnen of the Ontario Superior Court of Justice found that Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019 (the Act or Bill 124) substantially interfered with the applicant unions’ section 2(d) freedom of association rights under the Canadian Charter of Rights and Freedoms…
Insights
FTR Now
In this FTR Now, we review the arbitration award issued on November 11, 2021 by Arbitrator John Stout in Electrical Safety Authority and Power Workers’ Union, in which he assessed the reasonableness of an employer’s mandatory vaccination policy. In the specific context of the workplace, and its associated workplace dangers and hazards arising from COVID-19…
FTR Now
Reopening of Postsecondary Education in Ontario
· 4 min readIn a series of announcements and regulatory changes from last week, the Ontario government provided guidance on the reopening of postsecondary education in the province. The developments reviewed in this FTR Now apply to universities, colleges of applied arts and technology, private career colleges and other postsecondary institutions.
FTR Now
Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.
Case In Point
In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…
FTR Now
On June 8 and 9, 2017, the Ontario government made a series of significant changes to the BPSECA Executive Compensation Framework. The changes include amendments to the content required of compensation programs, the timing of the development of those programs, and the process organizations must follow to implement their compensation programs…
FTR Now
Arbitrators Address Off-Duty Social Media Comments
· 9 min readTwo recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…
FTR Quarterly
2014 Fall Edition
· 1 min readFOCUS ON UNIVERSITIES Universities – higher learning in the HR world LEGAL DEVELOPMENTS Pillars of success: a “best practices” approach to post-secondary accommodation issues Top ten tips for medical information management PROFILE It’s academic Download PDF
FTR Now
Consultations on Public Sector Compensation Begin
· 6 min readOn 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…
FTR Quarterly
2008 Spring issue
· 1 min readFOCUS ON INFORMATION AND PRIVACY Employee privacy in an electronic world LEGAL DEVELOPMENTS Providing benefits after age 65 Drug testing laws continue to evolve PROFILE Employment litigation and beyond Download PDF