The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace. As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…
Tag: Arbitration
Can There Be a Central Arbitration Over Local Terms? The Divisional Court Weighs In
The Ontario Divisional Court recently dismissed an application for judicial review of a preliminary arbitration decision in which Arbitrator Steinberg concluded that he lacked jurisdiction over aspects of the Ontario English Catholic Teachers’ Association’s (OECTA) grievance alleging violations of the preparation, planning and supervision (PPS) provisions of the collective agreement. He determined that the PPS…
Arbitration Workshop
This hands-on workshop, presented through two distinct modules, has been designed to equip both new and more experienced members of your labour relations team with the skills necessary to prepare a case for grievance arbitration.
Arbitrator Upholds Mandatory Vaccination Policy
On November 9, 2021, Arbitrator Von Veh upheld the mandatory vaccination policy (Policy) implemented by a security company, finding the company acted reasonably in implementing the Policy and that it did not breach the collective agreement. The award provides some helpful guidance for employers that have implemented similar policies. In United Food And Commercial Workers…
Ontario Association of Paramedic Chiefs (OAPC) & Hicks Morley: 2021 Virtual Labour Relations Symposium
Topics of Discussion EMS Bargaining Landscape – What is Happening and Where Are We Headed EMS Bargaining Landscape Continued Case Law Update – A Quick Review of Recent Issues Unionization – Are You at Risk? Review of recent developments and factors to consider when evaluating risk of unionization Human Rights Update – Latest trends and…
Ontario Bar Association (OBA): Employment Contracts – Understanding What`s in Them and Whether it`s Enforceable
Employment contracts can be valuable part of your employment agreement, either as an employer or employee. However, there are a number of tricky issues that need to be correctly drafted to ensure that they are enforceable and achieve the intended goals. Agenda Topic Termination provisions Frustration of contract Restrictive covenants Arbitration clauses How contracts are…
Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.
Andrew Zabrovsky Quoted in the Law Times on Labour Arbitrators Leading Cases on Opioid Addiction
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”
New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available
On November 21, 2018, the Ontario government filed two regulations made under the Labour Relations Act, 1995 (LRA). The first regulation is made further to the repeal by Bill 47, Making Ontario Open for Business Act, 2018 of certain provisions of the LRA, previously enacted by Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill…
Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy
The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…