Are mandatory COVID-19 vaccination policies in hospitals reasonable? Arbitrator says “yes” in Ontario Nurses’ Association v. Orillia Soldiers’ Memorial Hospital. In this FTR Now, Hicks Morley’s Andrew Zabrovsky and Amanda Cohen discuss the reasoning of each party and review the decision.
Tag: Arbitration
Divisional Court Confirms Concurrent Jurisdiction Model Applies to Human Rights Disputes in Unionized Workplaces
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…
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…
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…
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.”
Counsel to a university board at arbitration involving the intersection of board governance rules and academic freedom.
Counsel to a university board at arbitration involving the intersection of board governance rules and academic freedom.
Counsel to university on complex pension governance arbitration.
Counsel to university on complex pension governance arbitration.
Dolores Barbini Mentioned in Canadian Lawyer on Social Media Monitoring
Hicks Morley’s Dolores Barbini is quoted in the December 19, 2016 Canadian Lawyer article titled “Social Media Monitoring.” The article describes the recent arbitration case, Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance)
John Saunders Quoted in The London Free Press
Hicks Morley’s John Saunders was quoted in the August 27, 2013 edition of The London Free Press in an article entitled, “Toronto attorney John Saunders argues during arbitration hearing that the old rules are gone and some non-core services should be outsourced.” The article discusses contract arbitration hearings regarding proposed retroactive wage hikes for the…