In a case that has garnered much attention, Barton v. Rona Ontario Inc., the Ontario Superior Court has found that discipline of a managerial employee would have been a more effective sanction than termination where that employee, in a single incident of misconduct, breached the employer’s health and safety rules. At the time of the…
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Bill 115, Putting Students First Act, 2012 Passes Third Reading
On September 11, 2012, Bill 115, Putting Students First Act, 2012, passed at Third Reading, as amended by the Standing Committee on Social Policy. The Act will come into force on a day to be proclaimed by the Lieutenant Governor. For background information on the Putting Students First Act, please see our FTR Now of…
Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter
Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…
Proposed Teacher Bargaining Legislation Passes Second Reading, Referred to Committee
On September 5, 2012, Bill 115, Putting Students First Act, 2012, carried at Second Reading and was ordered referred to the Standing Committee on Social Policy. For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”
Changes to Proposed Legislation on Teacher Bargaining
On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was released on August 16, 2012, including a key change to the proposed regulation-making powers about the imposition of…
Ontario Introduces Bill 115, Putting Students First Act, 2012
On August 27, 2012, the Ontario Legislative Assembly resumed, and the government introduced Bill 115, Putting Students First Act, 2012. The government has made a number of changes to the original draft of the Bill that was first introduced on August 16, 2012. We are in the process of reviewing the proposed legislation. For background…
Fall 2012 Safety Blitzes Announced by Ontario Government
The Ontario government has announced the launch of four targeted safety blitzes at workplaces across the province this Fall. The planned blitzes will focus on: supervision at construction sites (September and October); machine guarding hazards and repetitive strain injuries in manufacturing and industrial workplaces (October and November); infection prevention and control in health care workplaces…
Hicks Morley Information and Privacy Post – 2011/2012
Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…
Putting Students First Act to be Introduced August 27, Legislature Recalled
The Ontario government announced that the Legislature has been recalled for August 27, 2012 to permit the introduction of the government’s Putting Students First Act Bill. As previously reported, the government first released a draft of the Putting Students First Act on August 16, 2012, legislation that would, if passed, impose a two-year freeze on…
Ontario To Introduce Wage Freeze Legislation for Teachers
On August 16, 2012, the Ontario government announced its intention to introduce the Putting Students First Act, legislation that would, if passed, impose a two-year freeze on teacher salaries and prohibit labour disruption, among other matters. Specifically, the Bill would require school boards and local bargaining units of teachers and support staff to accept local…