On April 16, 2013, the Ontario government filed O. Reg. 135/13, revoking O. Reg. 573/99 and O. Reg. 222/10 made under the Apprenticeship and Certification Act, 1998. On the same day, O. Reg. 136/13 was filed, revoking O. Reg. 223/10 made under the Trades Qualification and Apprenticeship Act. O. Reg. 135/13 and O. Reg. 136/13 came…
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Arbitrator Finds Video Surveillance Reasonable in Light of Safety Issues in the Workplace
A recent arbitration award has confirmed that where an employer has legitimate concerns regarding safety in the workplace, it may install and operate video surveillance. This decision, which involved surveillance in a fire station to ensure equipment was not tampered with, engaged privacy considerations, the reasonableness of such surveillance and whether the surveillance was conducted…
PBA Regulation Relating to OTPP Filed
On April 11, 2013, O. Reg. 131/13, amending Regulation 909 (General) made under the Ontario Pension Benefits Act, was filed and came into force on that date. O. Reg. 131/13 amends subsection 47.7.2 (1) of Regulation 909 to add the following paragraph: 4. Ontario Teachers’ Pension Plan, registered under the Act as number 0345785. As…
Court Clarifies Interpretation of Subsection 80(3) of the Pension Benefits Act
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…
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…