Publication Type: Article

Arbitrator Upholds Right of Fire Department to Alter Service Levels During Statutory Freeze

· 4 min read

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

· 2 min read

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”),…

Arbitrator Upholds Statutory Provisions Permitting Age-Based Distinctions in Benefits for Employees Aged 65 and Older

· 5 min read

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 Introduces Public Sector Accountability Legislation

· 7 min read

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…

Ontario Introduces Bill 120, the Securing Pension Benefits Now and for the Future Act, 2010

· 20 min read

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

· 2 min read

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

· 4 min read

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

· 3 min read

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…

Interest Arbitrator Awards Wage Increase to Unionized Nursing Home Employees

· 4 min read

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…