Tag: Arbitration

Can There Be a Central Arbitration Over Local Terms? The Divisional Court Weighs In

· 5 min read

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

· 4 min read

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

· 10 min read

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.

New Regulations Filed Under Labour Relations Act, 1995 – Arbitration Awards to be Made Publicly Available

· 2 min read

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

· 5 min read

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…

IMEs and the Scope of an Employer’s Communications with IME Examiners

· 7 min read

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…