It is that time of year again when employers are planning their holiday festivities. Whether the festivity is large or small, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court…
Publication Type: Article
Arbitrator Upholds Right of Fire Department to Alter Service Levels During Statutory Freeze
On November 8, 2010, Arbitrator Chauvin issued a significant award which confirmed a fire department’s right to manage its operations by determining staffing levels. Arbitrator Chauvin also concluded that the statutory freeze imposed by the Fire Protection and Prevention Act, 1997 (“FPPA“) preserved this right and permitted the City to make changes to service levels…
ECE Representation Disputes: OLRB Rules on Appropriate Venue
In a decision dated November 9, 2010, the Ontario Labour Relations Board (“OLRB”) considered the impact of an ongoing arbitration proceeding on an application for certification by the Elementary Teachers’ Federation of Ontario (“ETFO”) to represent designated early childhood educators (“DECEs”) at the District School Board of Niagara. The Canadian Union of Public Employees (“CUPE”),…
Government Introduces Public Sector Accountability Legislation
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. In addition, the Bill would…
Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older
On October 31, 2010, Arbitrator Etherington issued a significant award on the interpretation of the provisions of the Ontario Human Rights Code (the “Code”) and the Employment Standards Act, 2000 (the “ESA, 2000” ), which effectively permit an employer to reduce or eliminate employee benefits once an employee reaches age 65. Arbitrator Etherington found that…
Government to Bring Hospitals Under the Freedom of Information and Protection of Privacy Act
On October 20, 2010, the Ontario government introduced Bill 122, the Public Sector Accountability Act, 2010. The basic purpose of the new Act is to regulate the spending of public funds by the broader public sector in a variety of areas, including the use of lobbyists, expense accounts and procurement. These aspects of Bill 122…
Ontario Introduces Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010
As reported in our previous FTR Now, on October 20, 2010 the Ontario government introduced Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010, reflecting a number of the reforms announced in the government’s news release of August 24, 2010. The Bill supplements the first phase of Ontario pension reforms, contained…
Ontario Introduces Further Pension Reforms
On October 19, 2010, the Ontario government introduced Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010. As previously reported, these pension reforms are intended to build on the first phase of reforms, which were passed earlier this year. The government has announced that the Bill 120 reforms would, if passed:…
The Social Media Challenge – Protecting Your Organization in the Web’s Wild West
The use of social media has exploded in a very short time frame, and many organizations are scrambling to deal with situations they never would have envisioned even five years ago. Two issues in particular are proving to be troubling: derogatory or critical statements by employees about their employer or other employees (attacks from within);…
Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote
Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…