In Ontario Secondary School Teachers’ Federation and Toronto District School Board, Grievance # 13-50 (Accommodation), Arbitrator Nyman held that the refusal of the Toronto District School Board (TDSB) to transfer the grievor, a secondary school teacher who suffered from chronic pain and fatigue, to a school located within 15 kilometers of her home to ease…
Practice Area: Human Rights
Management Rights, Sick Leave under HOODIP and More
In our first HR Healthcheck of 2020, we discuss two cases you need to know about. The first deals with whether a scheduled medical procedure under conscious sedation falls within the “sick leave” provisions of HOODIP. The second case considers management rights under the central CUPE collective agreement and a Hospital’s right to transfer employees.
College Update: 2019 Year in Review
2019 was a busy year in the College sector. We thought it would be useful to review some of the significant human resource issues from 2019 as these cases may impact your approaches in 2020. Curl up by the fire and have a read. Happy New Year!
FTR Quarterly – Issue 15
In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Reminder of Upcoming AODA Deadlines
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. Compliance deadline dates depend…
September Update on Changes to the Canada Labour Code – Part 1 [Video]
With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime, as well as new and amended leaves of absence.
Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities
The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…
Welcome Back to School!
We hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
Ontario Announces Plans to Seek Feedback from Interested Parties on Improving Child Welfare System
On August 23, 2019, the Ontario government announced that it would engage youth, families, caregivers, frontline workers and child welfare sector leaders to provide input concerning the child welfare system. The consultation process is aimed at addressing certain challenges identified by the government.