Practice Area: Labour Relations

Ontario Divisional Court Finds Arbitrator’s Decision to Reinstate Terminated Grievors Was “Fatally Flawed”

· 6 min read

On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered by the Grievance Settlement Board (GSB). The Court found that the decision of the arbitrator, in which he reinstated five grievors whose employment had been terminated…

Divisional Court Confirms Concurrent Jurisdiction Model Applies to Human Rights Disputes in Unionized Workplaces

· 3 min read

The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace.   As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…

Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics

· 2 min read

The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…

Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed

· 7 min read

On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…

Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional

· 1 min read

On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…

Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits

· 5 min read

In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…

Ontario Launching New Long-Term Care Home Investigations Unit

· 1 min read

The Ontario government recently announced a new 10-person investigations unit to investigate allegations of provincial offences under the Fixing Long-Term Care Act, 2021 (FLTCA). The allegations the investigation unit is tasked with investigating include: The work of the investigations unit is distinct from the work of inspectors under the FLTCA. The investigations unit is tasked…

2023 in Review – Key Legislative Updates

· 10 min read

Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…