School Boards Take Note: Recent Developments of Interest

In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.

FTR Quarterly – Issue 9

In This Issue Sexual Harassment: Best Practices for Proactive Employers and Service Providers FTRQ&A – Customer-to-Customer Harassment: Service Provider Liability Questions, Answered Tips for Conducting Harassment Investigations Sexual Harassment and Your Organization: Best Practice Tips for Boards of Directors For Your Workplace, At Your Workplace: Hicks Morley’s On-Site Learn-by-Doing Training Programs Featured Articles Sexual Harassment:…

Arbitrator Confirms that a Teacher on Voluntary Unpaid Leave is Not Entitled to Sick Leave Until She Makes a Bona Fide Return to Work

In a decision dated February 20, 2018, Arbitrator William Kaplan dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning a teacher’s entitlement to sick leave when, following a voluntary unpaid non-statutory leave of absence, she is unable to return to work due to an intervening illness or injury.

Human Rights Tribunal Dismisses Special Education Human Rights Application, No Prima Facie Case of Discrimination Found

In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control. Learn more in this School Board Update.

Ten Incident Response Tips – Part 1

Responding to a data security incident is as much art as science. Whatever size your organization and whatever risks you face, you should have a detailed incident response plan to guide the efforts of a defined incident response team…