In a decision with important implications for colleges across the province, Arbitrator Brian Keller has found that college employees who supervise part-time bargaining unit members are excluded from bargaining unit membership by operation of the Colleges Collective Bargaining Act (the “CCBA” or “Act“). In this FTR Now, we discuss this decision and its significance for…
Publication Type: Article
Ontario Government Proposes New Public Sector Compensation Restraint Legislation
On Monday, March 24, 2014, the Ontario government introduced Bill 179, the Public Sector and MPP Accountability and Transparency Act, 2014. If passed, Bill 179 would give the government the authority to create comprehensive compensation frameworks for certain employers in the broader public sector (“BPS”), and would implement a number of measures to enhance “accountability…
Canada Labour Code Amendments (Bill C-45) to Come into Force April 1, 2014
Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….
Ontario Moving Closer to Creating Statutory Presumption for PTSD Claims Made by Emergency Response Workers
Managing mental illness flowing from workers’ compensation claims may become more difficult for emergency management services employers in Ontario. On February 27, 2014, Bill 67, the Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014, passed Second Reading in the Ontario legislature with all-party support, and was referred to Committee for consideration. If passed,…
Arbitrator’s Remedy Includes Waiver of Sunset Provision
In Canadian Office & Professional Employees Union, Local 529 v Nipissing-Parry Sound Catholic District School Board, Arbitrator Jesin provided an interesting alternative to a simple “reinstatement without compensation” order, one that reflected the concerns of both the school board and the union. In this case, an educational assistant (“EA”) was dealing with a kindergarten student…
Finding of Charter violation leads to $2 million award against the B.C. government
In British Columbia Teachers’ Federation v. British Columbia, the B.C. Supreme Court awarded $2 million in damages against the B.C. Government for its violation of the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). The British Columbia Teachers’ Federation (“BCTF”) successfully argued that legislation enacted by…
OLRB Revisits the Scope of its Authority To Consider Workplace Harassment Reprisal Complaints
In two recent decisions, the Ontario Labour Relations Board (“Board”) signalled that its powers under the Occupational Health and Safety Act (“OHSA”) to consider complaints arising out of the OHSA’s workplace harassment provisions may be broader than the findings articulated in an earlier case, Confortia v. Investia Financial Services Inc. In Investia, the Board had…
Pension Asset Transfers Made Easier
Long-awaited amendments to the Ontario Pension Benefits Act (“PBA”) regarding the transfer of assets between pension plans became effective on January 1, 2014. New supporting Regulations under the PBA[1] (the “Asset Transfer Regulations”) also came into force on January 1, 2014. This FTR Now provides a high-level overview of the new asset transfer regime. The…
Federal Budget 2014
On February 11, 2014, the Minister of Finance, the Honourable James Flaherty, tabled the 2014 Federal Budget “The Road to Balance: Creating Jobs and Opportunities” (Economic Action Plan 2014). This FTR Now focuses on some of the key proposals that are of particular interest to employers, human resources professionals and pension plan administrators. TAX INITIATIVES…
Class Action on Reduction of Retiree Benefits to Proceed
A proposed class action brought in Québec by retirees against their former employer was recently authorized by the Supreme Court of Canada. The claim advanced in Vivendi Canada Inc. v. Dell’Aniello related to unilateral changes made by the employer in 2009 to the retirees’ supplemental health insurance plan. The Court found that the four criteria…