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…
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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…
Recent Developments under the AODA
It was a busy summer of new developments under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), several of which employers and other organizations should note: the “Initial Proposed Accessible Built Environment Standard” was released for public comment; the “Final Proposed Accessible Information and Communications Standard” was submitted to the Minister for approval; the…
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…
Prior Approval for Commuted Value Transfers Now Required
Due to recent changes to the Regulations under the Ontario Pension Benefits Act, administrators of underfunded defined benefit pension plans registered in Ontario must in certain situations obtain the approval of the Superintendent of Financial Services of Ontario (the “Superintendent”) before transferring any part of the commuted value of a terminated member’s deferred pension or…
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…
Court Dismisses Motion to Certify Class Action for Overtime Wages
On June 18, 2009, Madam Justice Lax of the Ontario Superior Court of Justice released her decision, in which she dismissed the motion for certification of a proposed class action brought by Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce (“CIBC”) with respect…
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…