Practice Area: Labour Relations

Employer Bulletin: Influenza A(H1N1)

· 11 min read

You are all undoubtedly aware of the potential Influenza A(H1N1) (or “H1N1 virus”) pandemic that is currently underway.[1] While it is unknown at present just how serious or widespread this situation will become, employees are already expressing concerns, and it is important for employers to monitor the situation and to be prepared to respond as…

School Board Update

· 16 min read

IN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…

Responding to Disclosure Demands at the Bargaining Table: Employer Rights and Obligations

· 4 min read

As we enter 2009, many Social Services organizations are looking ahead to upcoming negotiations with unions for the renewal of their collective agreements. Some of our clients have already reported an increasing trend among unions to initiate broad disclosure requests well in advance of actual bargaining. However, employers in Ontario are not necessarily obliged to…

Court of Appeal Considers Scope of Right to Collectively Bargain

· 4 min read

In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…

School Board Update

· 21 min read

IN THIS ISSUE Hicks Morley Negotiation Support Services Human Rights Tribunal of Ontario Defers to Special Education Tribunal Occasional Teacher Timetables Duties of Principals Burden of Proof in Discharge Cases Accommodation of Religious Holidays TPA Arbitration and Motion for Non-Suit School Security and Office Staff HICKS MORLEY NEGOTIATION SUPPORT SERVICES Did you know that more…

The Hydro-Québec Decision: Restoring Balance to the Accommodation Analysis

· 10 min read

INTRODUCTION Following on the heels of its recent decisions in McGill University Health Centre and Honda Canada Inc. v. Keays, the Supreme Court of Canada has issued yet another helpful decision dealing with the employer’s duty to accommodate. In Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ),…

School Board Update – April 2008

· 16 min read

IN THIS ISSUE: Staff Meetings WSIB Case Management Prep Time Payback Program Principals Return from Maternity Leave Noon-Hour Entry Time Sick leave Credits STAFF MEETINGS The issue of mandatory attendance at staff meetings scheduled outside of the instructional day, and the topics or material discussed at such meetings, has arisen at various Boards. An October…

Termination of Municipal Officers: The New Rules

· 3 min read

This Client Update follows up on our March 2008 Update regarding the Supreme Court of Canada’s landmark decision in Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII). As discussed in the previous Update, the Supreme Court significantly reformed the law relating to the termination of public office holders. The Court clearly signalled that where office…

Supreme Court of Canada Issues Landmark Judicial Review Decision

· 12 min read

On March 7th, the Supreme Court of Canada issued a very significant administrative law decision, Dunsmuir v. New Brunswick, 2008 SCC 9 (CanLII), in which it has addressed the thorny issue of how to determine the standard of review in a judicial review application. The decision also significantly reforms the law relating to the dismissal…