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…
Publication Type: Article
Arbitrators Address Off-Duty Social Media Comments
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…
Deadline Extended for Alberta Pension Reform Plan Amendments
As discussed in our recent FTR Now, Alberta Introduces Significant Pension Reforms Effective September 1, 2014, the new Employment Pension Plans Act and accompanying Employment Pension Plans Regulation came into force on September 1, 2014. Pension plans registered in Alberta and plans registered elsewhere with members whose pension benefits are subject to Alberta pension legislation…
Holiday Cheer: A Checklist For Employers
The holiday season is around the corner – and with it comes festivities and celebrations. Whether these seasonal events are large or small, employee health and safety remains a key priority for employers. In this FTR Now, we provide employers with a checklist of measures to consider implementing in planning for a safe holiday celebration….
The Duty of Good Faith and Honesty: An Important Foundational Decision by The Supreme Court Of Canada
The Supreme Court of Canada has issued a significant decision on the duty of good faith in the law of commercial contracts. In Bhasin v. Hrynew, the Court recognized good faith contractual performance as a general organizing principle of contract law and recognized a new “duty of honest performance” in the fulfillment of contractual obligations….
Alberta Introduces Significant Pension Reforms Effective September 1, 2014
On July 22, 2014, the government of Alberta passed the supporting regulations to the province’s new Employment Pension Plans Act (the “EPPA”), legislation enacted in December 2012 following recommendations from a 2008 report by the Alberta and British Columbia Joint Expert Panel on Pension Standards regarding pension reform in those two provinces. The new EPPA…
The Ministry of Labour and Ebola Preparedness
In light of recent concerns regarding the outbreak of Ebola abroad, the Ontario Ministry of Labour (“MOL”) has been conducting a series of Ebola preparedness investigations targeting hospitals and paramedic services. In this FTR Now, we outline best practices for handling an investigation by the MOL and consider the right of employees – including health…
Amendments to Federal Health and Safety Regime in Force October 31, 2014
Important amendments to the health and safety regime in Part II of the Canada Labour Code (the “Code“), contained in the Economic Action Plan 2013 Act No. 2 (the “Act“), come into force on October 31, 2014. Among other things, the Act will amend the definition of danger which is central to the right of…
New Employment Standards Leaves of Absence Coming Into Effect October 29, 2014
Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…
Ontario Releases Proposed PBA Regulations for Consultation
This past Spring, the Ontario government released proposed amendments to Regulation 909 (the “Regulations”) of the Pension Benefits Act (“PBA”) in respect of four previously announced pension reform initiatives (“April Proposals”). The April Proposals – which described the content of the proposed changes to the Regulations – are summarized in our FTR Now of April…