On Friday, February 1, 2013, the Supreme Court of Canada will be rendering its decision in Sun Indalex Finance, LLC et al. v. United Steelworkers et al. The appeal relates to an April 2011 decision of the Ontario Court of Appeal which granted “super-priority” to pension funding deficits in a Companies’ Creditors Arrangement Act proceeding….
Publication Type: Blog Post
Can Hospitals Impose a Dress Code that Prohibits Large Tattoos and Excessive Body Piercings in a Unionized Environment?
Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…
Certain Education Act Regulations Revoked
On January 25, 2013, the Ontario government filed O. Reg. 38/13 made under the Education Act. The Regulation revokes the following regulations made under the Education Act, effective January 25, 2013: Regulation 287 of R.R.O. 1990 – Designation of School Divisions Regulation 288 of R.R.O. 1990 – Designation of Support Staff Regulation 289 of R.R.O….
Putting Students First Act, 2012 Repealed
On January 23, 2013, section 20 of the Putting Students First Act, 2012 (“Act”) was proclaimed into force. The effect of proclaiming section 20 into force is that the Act (formerly known as Bill 115) has been repealed.
Education Act Regulation “Sick Leave Credits and Sick Leave Credit Gratuities” Amended
On January 21, 2013, the Ontario government filed O. Reg. 11/13, amending O. Reg. 1/13 (Sick Leave Credits and Sick Leave Credit Gratuities) made under the Education Act. Among other things, O. Reg. 11/13: increases to 11 (from 10) the number of sick leave days per year for which an applicable permanent employee is eligible;…
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…
Regulatory Changes to 2013-2014 Professional Activity Days Filed under Education Act
On January 21, 2013, the Ontario government filed O. Reg. 13/13, amending Regulation 304, School Year Calendar, Professional Activity Days, made under the Education Act. Among other things, O. Reg. 13/13 amends subsection 2(3.1) (requirement that every school year shall include a minimum of 194 school days as designated) to add that for the school…
An Employment Contract, A Without Cause Termination and the Availability of “Unjust Dismissal” Protection
Klein and The Royal Canadian Mint, a recent adjudication award made under the Canada Labour Code, affirms the proposition that the unjust dismissal provisions do not protect all employees from termination without cause, particularly where such terminations are conducted in accordance with a binding employment contract. In this case, the complainant had signed an employment…
Nortel Pension Plans Regulation Filed
On January 15, 2013, the Ontario government filed O. Reg. 10/13, Nortel Pension Plans, made under the Pension Benefits Act (“Act”) In May 2011, the Act was amended to allow all pensioners of two specified Nortel Networks pension plans to transfer the commuted value of their benefits out of the plans. O. Reg. 10/13 prescribes…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…