In a recent case, the Ontario Labour Relations Board (“OLRB”) helped clarify what situations will trigger the operation of the sale of business provisions of the Labour Relations Act (“Act”) particularly when a business purchases the assets and premises of an organization which is unionized. This case may provide guidance for an organization which is…
Practice Area: Labour Relations
2013 Winter Edition
FOCUS ON BARGAINING Hard bargains LEGAL DEVELOPMENTS The OLRB declines to interfere with legitimate subcontractor relationship Employment contracts: how to get it right and help your chance of success PROFILE Quick study Download PDF
Tattoos/Piercings Part of an Employee’s Identity: Arbitrator
A recent arbitration award has found that a hospital’s dress code policy for unionized employees was unenforceable as it prohibited certain body piercings and required large tattoos to be covered. The arbitrator found that tattoos and piercings are a part of an employee’s identity and that the restrictions in the dress code policy were an…
Can Hospitals Impose a Dress Code that Prohibits Large Tattoos and Excessive Body Piercings in a Unionized Environment?
Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…
Putting Students First Act, 2012 Repealed
On January 23, 2013, section 20 of the Putting Students First Act, 2012 (“Act”) was proclaimed into force. The effect of proclaiming section 20 into force is that the Act (formerly known as Bill 115) has been repealed.
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…
Amendments to CIRB Regulations Now in Force
On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…
PSFA “General” Regulation Filed
On January 2, 2013, the Ontario government filed O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“PSFA”). Among other things, O. Reg. 2/13 establishes additional prescribed terms further to subsection 2(1) of the PSFA for employees who do not bargain collectively. The terms include, among other things: terms that shall be…
Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement
A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…
Supreme Court of Canada to Hear Appeal in Mounted Police Association Case
The Supreme Court of Canada will be providing further clarification on the freedom of association guarantee in the Charter and the scope of collective bargaining. The Court has recently granted leave to appeal in Mounted Police Association of Ontario v. Canada, where the Court of Appeal for Ontario found that a separate labour relations scheme…