The Supreme Court of Canada recently heard an appeal that involves the intersection of privacy rights with a union’s duty of representation to its membership. At issue was the request of the appellant that her employer not disclose her personal information to her union, to which she was obligated to pay dues but declined to…
Practice Area: Labour Relations
School Board Client Update
The following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…
Privacy Rights and A Union’s Duty to Represent its Membership
Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…
2013 Fall Edition
FOCUS ON LONDON Hicks Morley in London: 20 years and counting LEGAL DEVELOPMENTS Update on universal random drug and alcohol testing in Canada Best practices on termination PROFILE London office original Download PDF
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Ontario Government Proposes Central Bargaining for School Boards
The Ontario government has introduced legislation that would, if passed, provide for central bargaining for school boards – a significant departure from how collective bargaining has historically occurred in the sector. Bill 122, the School Boards Collective Bargaining Act, 2013, was introduced at First Reading on October 22, 2013, and will now undergo consideration by…
Ontario Introduces Bill 122, School Boards Collective Bargaining Act
On October 22, 2013, the Ontario government introduced Bill 122, the School Boards Collective Bargaining Act, 2013, legislation that would, if passed, amend the collective bargaining regime governing Ontario school boards and teachers. The government also released a Backgrounder on Bill 122. We are in the process of reviewing the proposed legislation, and a more…
Supreme Court of Canada to Determine Whether Charter Protects Right to Strike
The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…
New Education Act Regulatory Amendments Filed (Sick Leave Credits, Gratuities)
On October 10, 2013, the Ontario government filed O. Reg. 275/13 (Sick Leave Credits and Sick Leave Credit Gratuities), amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities). Notably, the new amendments revoke the “sunset clause” previously contained in section 5 of O. Reg. 1/13, which had provided for an automatic revocation…
Confidentiality Provisions: Important, Effective and Enforceable
In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…