The Ontario Divisional Court recently rendered a significant decision under the Pension Benefits Act (Ontario Pension Board v. Ratansi). It overturned a finding of the Financial Services Tribunal that subsection 80(3) of the Pension Benefits Act (“Act”) did not prevent a plan member from commencing his or her pension while continuing to work for the…
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Saskatchewan Introduces PRPP Legislation
On April 8, 2013, the government of Saskatchewan introduced Bill 92, The Pooled Registered Pension Plans (Saskatchewan) Act. If passed, Bill 92 would authorize pooled registered pension plans (“PRPPs”) to be made available to provincially regulated employees and self-employed persons in Saskatchewan. Subject to the legislation and any supporting regulations, the requirements set out in…
Michael Hines Mentioned in The Globe and Mail
Hicks Morley’s Michael Hines was mentioned in the April 11, 2013 edition of The Globe and Mail in an article entitled, “Ontario teachers’ union call to halt voluntary activities was illegal strike action: labour board.“ The article discusses a recent decision by the Ontario Labour Relations Board where it was decided that the Elementary Teachers’…
OLRB: Withdrawal of Extracurricular Activities Constitutes an Unlawful Strike
Today, the Ontario Labour Relations Board (“OLRB”) rendered Trillium Lakelands District School Board and Upper Canada District School Board v. Elementary Teachers’ Federation of Ontario, a significant decision in which it found the withdrawal of extracurricular activities by the Elementary Teachers’ Federation of Ontario (“ETFO”) constituted an unlawful strike according to the definition set out…
Important Changes to the WSIB’s Appeals Program – What You Need to Know and Do
In February 2013, the Workplace Safety and Insurance Board (“WSIB”) implemented its Modernized Appeals Program. The WSIB plans to reduce its backlog of cases through significant changes to the appeal process. This new program only applies to claims and does not apply to financial or revenue issues. Some of the key changes under the Modernized…
Article by George G. Vuicic Published in 2012-2013 Labour Arbitration Yearbook
Hicks Morley’s George Vuicic recently authored an article in the 2012-2013 Labour Arbitration Yearbook. The article, “Religious Accommodation in the Workplace: A Management Perspective” provides an overview of the law relating to the accommodation of employees’ religious beliefs and practices in the workplace. View Article
Employers Must Investigate Work Refusals
A recent decision under the Occupational Health and Safety Act is a stark reminder to all employers to take any work refusal, no matter how small, seriously. The Ontario Labour Relations Board concluded that an employer failed in its obligations under the OHSA when it terminated an employee, after he refused to drive his faulty…
HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…
Regulatory Amendment Filed Under Education Act (Operation of Schools – General)
On March 26, 2013, the Ontario government filed O. Reg. 121/13, amending Regulation 298, Operation of Schools – General. It adds to the duties of secondary school principals, for the purpose of assisting in course selection, the requirement to inform prescribed pupils of ways to earn a credit that are an alternative to enrolment as…
Termination of Employee Following Work Refusal Results in Finding of Reprisal
The Ontario Labour Relations Board has found an employer violated the Occupational Health and Safety Act (“OHSA”) when it immediately terminated an employee instead of taking any steps whatsoever to investigate a work refusal. The employee was a probationary truck driver who had worked with the employer for three months. He felt that the truck…