Practice Area: Labour Relations

OLRB Refuses to hear CUPE Job Security Complaint

· 5 min read

In a significant unfair labour practice case, Canadian Union of Public Employees v. Algoma District School Board, the Ontario Labour Relations Board (“OLRB”) held that CUPE’s complaints regarding the alleged alteration of employment terms by ten school boards during the statutory freeze period had to proceed through local grievance and arbitration procedures, rather than as an…

Arbitrators Address Off-Duty Social Media Comments

· 9 min read

Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…

Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality

· 5 min read

The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…

David Bannon Joins the Firm as a Partner

We are pleased to announce that David Bannon has joined Hicks Morley as a Partner in our Toronto office. David practises in all areas of labour and employment law with a particular specialty in OHSA, construction labour relations, WSIB and the automotive sector. He has been certified by the Law Society of Upper Canada as…

Paul Broad Quoted in Law Times

Hicks Morley’s Paul Broad was quoted in the October 6, 2014 edition of Law Times magazine in an article entitled “Labour lawyers watching as SCC pronounces on key employment law issues.” Among other things, Paul comments on the Saskatchewan Federation of Labour v. Saskatchewan decision, currently on reserve at the Supreme Court of Canada, which…

Arbitrator Rules that Collective Agreements Include Memoranda of Understanding

· 5 min read

Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding (“MOU”) between the Ontario English Catholic Teachers’ Association (“OECTA”) and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed…

Reaching Out – Sixth Edition

· 23 min read

Dear Friends, With summer heating up, burning human resources issues continue to smolder as well. At Hicks Morley, we hope that you are enjoying the summer sunshine and we welcome you to the Summer 2014 Edition of Reaching Out, designed to address a number of relevant practical issues of particular interest and application to management…