Welcome to our newest edition of the School Board Update. In this Update we review a recent decision from the Human Rights Tribunal of Ontario (Tribunal) concerning allegations of discrimination with respect to educational services because of sex and gender identity contrary to the Ontario Human Rights Code (Code). We hope you find this summary…
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Employers Take Note: New Obligations under Temporary Foreign Workers Program Now in Effect
Amendments to the Immigration and Refugee Protection Regulations made under the Immigration and Refugee Protection Act which came into effect on September 26, 2022 place new obligations on employers who employ temporary foreign workers (TFWs). Significantly, these obligations include the requirement for an employer to commit to having an employment agreement in place with the…
Stratford & District Human Resources Association: Legal Update 2022
Ted Kovacs and Laura Buck are presenting a labour and employment legal update to the Stratford & District Human Resources Association.
Benefits After 65: Arbitrator Dismisses Grievance Challenging Age 65 LTD Cut-off but Awards Life Insurance Coverage Based on Collective Agreement
An Ontario labour arbitrator has upheld a grievance challenging the reduction of life insurance coverage for employees who die after having reached age 65, finding that the relevant provision of the insurance policy had not been incorporated into the collective agreement. In the same decision, the arbitrator dismissed two policy grievances challenging the termination of…
September 19, Day of Mourning: What Employers Should Know
On September 13, 2022, Prime Minister Trudeau announced that September 19, 2022, the date of Her Majesty Queen Elizabeth II’s State Funeral, will be designated a National Day of Mourning and a designated holiday for the public service of Canada (i.e. employees of the Government of Canada’s departments, agencies and other public bodies). The day…
Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes
In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), Arbitrator Stephen Raymond found that a mandatory vaccination policy (Policy) which required long-term care home employees to receive three doses of the COVID-19 vaccine was reasonable. The employer, the Regional Municipality of York, operates two long-term care homes….
Court Holds Employer Vicariously Liable for the Privacy Breaches of Former Employee in Class Action Lawsuit
The law of vicarious liability is important to employers because it sets a framework to establish when employers will be liable for the misconduct of their employees. The principle was recently applied in Ari v. Insurance Corporation of British Columbia, where the British Columbia Supreme Court (the Court) found that the Insurance Corporation of British…
Arbitrator Upholds Mandatory Vaccination Policy but Finds Enforcement Mechanisms (Suspension and Termination) Unreasonable
On August 26, 2022, Arbitrator Derek Rogers released Toronto Professional Fire Fighters’ Association, I.A.A.F. Local 3888 and City of Toronto in which he considered the reasonableness of the mandatory COVID-19 vaccination policy (Policy) of the City of Toronto (City). The Arbitrator found that the Policy itself was, and remains, reasonable. However, he found that the…
Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses
In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…
Ontario Court Approves Settlement in First Volunteer Misclassification Class Action
In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…