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…
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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…
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…
HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…
Termination of Employee Following Work Refusal Results in Finding of Reprisal
The Ontario Labour Relations Board has found an employer violated the Occupational Health and Safety Act (“OHSA”) when it immediately terminated an employee instead of taking any steps whatsoever to investigate a work refusal. The employee was a probationary truck driver who had worked with the employer for three months. He felt that the truck…
Federal Budget 2013
On March 21, 2013, the Minister of Finance, the Honourable James M. Flaherty, tabled the 2013 Federal Budget “Jobs, Growth and Long Term Prosperity – Economic Action Plan 2013.” In this FTR Now we review those Budget items that are of most interest to employers, human resources professionals and pension plan administrators. These include: Amendments…
Ontario Launches Consultation on Development of Occupational Health and Safety Strategy
The Ontario Ministry of Labour has launched a consultation process further to the development of its first province-wide integrated occupational health and safety strategy. It has issued a consultation paper, “An Integrated Occupational Health and Safety Strategy for Ontario”, for review and comment by stakeholders. Feedback is invited on issues such as: addressing the needs…
George Vuicic Quoted in Canadian HR Reporter
Hicks Morley’s George Vuicic was quoted in the March 11, 2013 edition of Canadian HR Reporter in an article entitled, “Employers have duty to accommodate child-care needs: Federal Court.” The article discusses a recent landmark court decision that confirms employers have an obligation to try to provide accommodation for an employee’s child-care needs. In the…
OHSA Regulations Amended to Ensure Compliance with Ontario Colleges of Trades and Apprenticeship Act, 2009
On March 1, 2013, a number of amendments to regulations made under the Occupational Health and Safety Act were filed to bring those regulations into compliance with the Ontario College of Trades and Apprenticeship Act, 2009 (“Act”). The Act will be proclaimed in force, in part, on April 8, 2013. On that date, section 103…
Leaves to Help Families Act Introduced
On March 5, 2013, the Ontario government introduced Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013. If passed, Bill 21 would allow eligible employees to take the following three unpaid leaves of absences: Family Caregiver Leave Employees would be entitled to take an unpaid leave of absence to provide care or support…