What happens when an employee with physical restrictions is placed in a position consistent with those restrictions and provided with sufficient training, but is unable to perform the functions of that position? An Ontario arbitrator recently found that an employee’s inability to perform in such a position was unrelated to her disability, and that she…
Practice Area: Labour Relations
Grievor’s Poor Performance in Modified Work Not Due to Disability, Employer Met its Duty to Accommodate
Arbitrator Jasbir Parmar has found that an employer met its duty to accommodate when it placed a grievor in a position that was within her physical restrictions and provided her with ample training. The fact her performance was inadequate in the position was not due to her disability, and it was appropriate for the employer…
Union Disclosure Bill Amended by Senate and Returned to House of Commons
On June 26, 2013, the Senate adopted a motion to amend Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations). As previously reported, Bill C-377 is a private member’s bill which, if passed, will amend the Income Tax Act to require labour organizations to disclose certain prescribed information. Amendments adopted…
Amendment to Sick Leave Credits and Sick Leave Credit Gratuities Regulation Filed
On June 19, 2013, the Ontario government filed O. Reg. 184/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. O. Reg.1/13, as amended, gives regulatory effect to the sick leave provisions in the various recent Memoranda of Understanding between the Ministry of Education and teachers’ federations….
The Supreme Court of Canada Strikes Down Random Alcohol Testing Policy
On June 14, 2013, the Supreme Court of Canada released its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. In this much anticipated decision, the Supreme Court clarified the law regarding random alcohol and drug testing in safety-sensitive, unionized workplaces, finding that universal random testing will…
Court Upholds Discharge for Sexual Harassment
In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…
Majority of SCC Finds Employer Exceeded its Management Rights in Implementing Random Alcohol Testing Policy
Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified. In the absence of evidence of an existing workplace alcohol use problem, it concluded that a dangerous workplace was not, on its own, reason…
Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?
In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…
The Ongoing Saga of the 24 Hour Firefighter Shift
In recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…
Changes to Temporary Foreign Worker Program Announced
On April 29, 2013, the federal government announced significant reforms to the Temporary Foreign Worker Program (“TFWP”). Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, commented that the “reforms will require that greater efforts be made to recruit and train Canadians to fill available jobs … [and to] help ensure the Temporary Foreign Worker Program…