On December 9, 2009, the Ontario Legislature passed Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. Bill 168 will come into effect on June 15, 2010. Bill 168, which requires employers to develop policies to address workplace violence and harassment and to assess the risk of violence…
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Effective Pandemic Planning
Employers have a general obligation under health and safety law to take all reasonable precautions in the circumstances to protect their workers. What does this entail, however, in a pandemic situation, such as the one currently facing employers? In our May 1, 2009 FTR Now – “Employer Bulletin: Influenza A(H1N1)” – we discussed some of…
Federal Government to Overhaul Federal Pension Laws
On October 27, 2009, the Honourable Jim Flaherty, Minister of Finance, announced proposed changes to the federal Pension Benefits Standards Act, 1985 (“PBSA”) and the associated Regulations. The PBSA and Regulations apply to pensions provided to employees employed in shipping, railway, air transportation, radio broadcasting, banks and other businesses within the legislative authority of the…
MOL to Target Slips, Trips and Falls in a School Board Safety Blitz
The Ministry of Labour (“MOL”) has announced a series of safety blitzes scheduled for November of 2009 that will target slips, trips and falls (“Falls”), and that may affect your schools. Inspectors will visit schools to discuss Falls and to review plans to prevent Falls, particularly in parking lots [1], and will focus on assessing…
School Board Update
IN THIS ISSUE 2009 Hicks Morley School Board Conference Teaching Assignments for Principals Cyberbullying Probationary Employees EA Travel Time WSIB LOE Benefits for Retirees Pay Equity Retiring Gratuities School Board Governance Grouped Classes 2009 HICKS MORLEY SCHOOL BOARD CONFERENCE – FRIDAY, NOVEMBER 20, 2009 On Friday, November 20, Hicks Morley will present its 2009 School…
2009 Summer Issue
THE SUSTAINABILITY CRUNCH Collective bargaining in hard economic times BARGAINING PENSIONS Employer stampede to DC plans? PROFILE Labour Relations DRUG AND ALCOHOL TESTING Legal principles begin to crystallize Download PDF
Kerry Decision to be Released this Friday August 7th
The Supreme Court of Canada (SCC) has announced that its decision in Nolan v. Kerry (Canada) Inc. will be released at 9:45 a.m. on Friday August 7, 2009. It is anticipated that the SCC decision will provide much needed guidance on a number of important issues, including: the use of pension fund assets to pay…
Covert Surveillance Guidelines for Federally Regulated Employers
On May 27, 2009 the Office of the Privacy Commissioner of Canada issued an OPC Guideline Document: Guidance on Covert Video Surveillance in the Private Sector. The Guideline Document outlines the Commissioners recommendations to private sector organizations engaging in covert surveillance in the course of commercial activity, as well as to federally regulated employers engaging…
Critical Injury or Fatality of a Non-Worker: To Report or Not To Report?
A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act (“OHSA”)? According to a recent decision by the Ontario Labour Relations Board, the answer is “yes”. The Labour Board found that employers and contractors are…
Access and Production Requirements and Records Possessed by Faculty Members
The Canadian Association of University Teachers recently published a memorandum about records in the possession of faculty members that raises some significant issues for Ontario universities. In a memorandum dated April 8, 2009, and now published on the internet, the association states, “Based on collective agreements, memorandum of agreements, faculty handbooks and on past practice…