A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…
Publication Name: School Board Update
Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter
On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…
New Education Act Amendments Introduced Relating to Concussions
On March 6, 2012, the Ontario government introduced Bill 39, Education Amendment Act (Concussions), 2012, new legislation that would, if passed, amend Part XIII.1 of the Education Act, and empower the Minister of Education to set policies and guidelines respecting head injuries and concussions suffered by pupils. We highlight a few key proposed amendments below….
Ontario Confirms Average Full-Day Kindergarten Class Size
On March 2, 2012, the Ontario government filed important new amendments to the class size regulation under the Education Act for full-day junior kindergarten and kindergarten classes. The amendments, which come into force on September 1, 2012, are intended to assist school boards which have kindergarten class size maxima in their teachers’ collective agreements that…
Drummond Commission Reports on Elementary and Secondary Education Reform
On February 15, 2012, the Commission on the Reform of Ontario’s Public Services (the “Commission”) released its long-awaited, 543-page report (the “Report”, commonly referred to as the “Drummond Report”) which identifies sweeping reform measures aimed at increasing efficiencies within the broader public service. In our companion FTR Now, The Drummond Report – Impact on the…
School Board Update – Anti-Bullying Legislation Tabled in Ontario Legislature
Last week, both the Ontario government and the Progressive Conservatives tabled legislation to put in place measures to combat the problem of bullying in schools. The government’s version, Bill 13 (the Accepting Schools Act, 2011), and the Progressive Conservatives’ version, Bill 14 (the Anti-Bullying Act, 2011), have the same broad goals but have established some…
School Board Update
IN THIS ISSUE Arbitrator Provides Helpful Award in Ontario’s First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissions…
School Board Update – Arbitrator Rules in Board’s Favour in Lakehead DSB Prep Time Payback Case
In our School Board FTR Now of January 31, 2011, we traced a series of disappointing arbitration decisions concerning the issue of “prep time payback”, the supposed obligation of school boards to reschedule prep time periods that are “missed” due to mandatory professional development activities, the monitoring of EQAO testing, the participation at the direction…
School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
School Board Update – The Prep Time Payback Saga
School boards will recall that the topic of “missed preparation time” was addressed in the 2009 Provincial Discussion Table (“PDT”) negotiations. This led to provincial template language that stated “missed preparation time shall only be re-scheduled where a teacher is required by the principal to provide instruction during his or her scheduled preparation time for…