On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…
Publication Type: Article
Integrated Accessibility Regulation Proposed Under the AODA
On September 2, 2010, the Ontario Ministry of Community and Social Services proposed an Integrated Accessibility Regulation (the “proposed Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The proposed Regulation would combine three accessibility standards into one – information and communication, employment and transportation. In addition, the proposed Regulation includes detailed compliance…
Ontario Government’s March 2010 Budget Directions Considered at Interest Arbitration
Recently, Arbitrator MacDowell released an interest arbitration award involving SEIU Local 2 and Sunnybrook Health Sciences Centre that considered the impact of the Ontario government’s 2010 Budget directions on collective bargaining. This award is the first of a number of expected interest arbitration decisions addressing the government’s new fiscal directive. We discuss the decision and…
Consultations on Public Sector Compensation Begin
On July 20, 2010, the Ontario government initiated a consultation process designed to address upcoming compensation negotiations for “bargaining” employees not caught by the Compensation Restraint Act. In this FTR Now, we discuss the potential implications of this process for public sector employers. BACKGROUND In March, as part of its 2010 Budget, the government introduced…
Federal Court Finds that PIPEDA Does Not Apply to Agents
On July 9, 2010, the Federal Court issued a very significant judgment on the scope of the application of the Personal Information Protection and Electronic Documents Act (“PIPEDA“). In State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736 (CanLII), the Court held that PIPEDA does not apply to a collection,…
Bill 168 – Assessing Students as Risks
The new provisions incorporated into the Occupational Health and Safety Act (“OHSA”) by Bill 168 came into force on June 15, 2010. These provisions make clear that colleges must take every precaution reasonable in the circumstances to protect their workers from workplace violence. In this bulletin, we focus on the college duty to manage the…
The GTAA Decision: The Principles Relevant to Employers
Earlier this year, Arbitrator Owen Shime issued an award which has garnered much attention on account of the amount of damages assessed against the Greater Toronto Airport Authority (GTAA) for the wrongful termination of an employee who had been on sick leave. However, the greater potential significance of this award is found in its articulation…
Government Institutions Should Take Note of a Recent Supreme Court of Canada Case on Access to Government Information
On June 17th, the Supreme Court of Canada issued a significant judgement on access to government information. In Ontario (Public Safety and Security) v. Criminal Lawyers’ Association, 2010 SCC 23 (CanLII) (the “CLA” case), it held that the Canadian Charter of Rights and Freedoms (the “Charter“) gives the public a limited right of access to…
Hicks Morley Introduces Legislative Update Blog
Hicks Morley is pleased to announce the launch of Human Resources Legislative Update, a blog designed to provide human resources professionals with timely information about developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. To access the blog click here. BACKGROUND Since 1997, Hicks Morley…
Federal Government Introduces Legislation to Create “PIPEDA 2.0”
On May 25th, the federal government introduced Bill C-29, the Safeguarding Canadians’ Personal Information Act, and Bill C-28, the Fighting Internet and Wireless Spam Act. If passed, these Bills would make changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA” or the “Act”) that are of significance to federal sector employers, as well…