Discipline, Not Termination, More Appropriate in Case of Single Incident of Misconduct

In a case that has garnered much attention, Barton v. Rona Ontario Inc., the Ontario Superior Court has found that discipline of a managerial employee would have been a more effective sanction than termination where that employee, in a single incident of misconduct, breached the employer’s health and safety rules. At the time of the…

Leave to Appeal Sought in Freedom of Association Case

The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…

Family Caregiver Leave Bill Passes Second Reading, Referred to Committee

On September 6, 2012, Bill 30, Family Caregiver Leave Act (Employment Standards Amendment), 2011 carried at Second Reading and was referred to the Standing Committee on Social Policy. As previously reported, Bill 30 would, if passed, amend the Employment Standards Act, 2000 to create Family Caregiver Leave. The leave would be available to all full-time,…

Federal Wage Restraint Legislation Does Not Infringe Section 2(d) of Charter

Underscoring once again that section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter”) only guarantees a meaningful process of collective bargaining and not a particular result, the Ontario Court of Appeal recently found that wage restraint legislation effectively prohibiting salary increases over a five-year period was not, in and of itself, unconstitutional. Association…

Proposed Teacher Bargaining Legislation Passes Second Reading, Referred to Committee

On September 5, 2012, Bill 115, Putting Students First Act, 2012, carried at Second Reading and was ordered referred to the Standing Committee on Social Policy. For background information on the Putting Students First Act, please see our FTR Now of August 20, 2012, “Ontario to Introduce Sweeping Legislation Concerning School Board Bargaining.”  

Education Act Regulations Filed: Extended Day and Third Party Programs

On August 31, 2012, the Ontario government filed the following two regulations under the Education Act: O. Reg. 245/12 (Full Day Junior Kindergarten and Kindergarten) revokes and substitutes the table of school boards and schools listed in Schedule 1 of O. Reg. 224/10; and O. Reg. 246/12 (Extended Day and Third Party Programs) revokes and…

No Duty to Mitigate Where Employment Contract Silent on Mitigation

The Ontario Court of Appeal recently released a significant decision on an employee’s duty to mitigate post-employment when his or her employment contract has a fixed notice period and is silent on the issue of mitigation. In Bowes v. Goss Power Products Ltd., Mr. Bowes’ contract had a fixed notice period of six months if…

Québec VRSPs Bill Expires on Order Paper

As previously reported, in its March 2012 Budget the Québec government signalled its commitment to establish Voluntary Retirement Savings Plans (“VRSPs”), mandatory group pension plans that all employers in Québec employing at least five employees would have been required to implement, if they did not already provide a retirement savings plan for employees. The VRSPs…