Tag: Arbitration

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…

John Saunders Mentioned in The Globe and Mail

Hicks Morley’s John Saunders was mentioned in the August 8, 2013 edition of The Globe and Mail in Margaret Wente’s article entitled, “A nation of $100,000 firefighters.” Highlighting municipal budgets’ contentions with fire departments, the article attributes firefighters’ high wages and substantive increases to arbitration settlements. Paraphrasing Saunders, “There’s no good reason for salaries to…

The Duty to Accommodate and Poor Workplace Performance

· 2 min read

What happens when an employee with physical restrictions is placed in a position consistent with those restrictions and provided with sufficient training, but is unable to perform the functions of that position? An Ontario arbitrator recently found that an employee’s inability to perform in such a position was unrelated to her disability, and that she…

Court Upholds Discharge for Sexual Harassment

· 1 min read

In a recent decision, the Ontario Divisional Court found that the discharge of an employee (grievor) who had sexually harassed a co-worker was an appropriate penalty. An arbitrator’s decision reinstating the grievor had relied on irrelevant factors and therefore fell outside the range of possible defensible outcomes. The irrelevant factors considered by the arbitrator included…

Written Notice of Termination Upheld Where Employees Could Not Work during Notice Period

· 1 min read

Two disabled employees who were unable to work during a termination notice period were recently provided with written notice of termination under the Employment Standards Act, 2000 (“ESA”), rather than termination pay. At arbitration, they argued that the employer had breached the ESA as well as the Ontario Human Rights Code (“Code”) by failing to…

College Update – Second Edition

· 22 min read

Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particu­lar interests. In this edition we discuss labour…

Employer’s Use of Video Surveillance in Fire Station Reasonable When Addressing a Serious Safety Concern

· 4 min read

Arbitrator Sheehan has affirmed that an employer may install and operate video surveillance in a workplace where it has legitimate and serious concerns about safety issues. In this arbitration, a firefighters’ Association grieved the installation of cameras at two fire stations. It argued, among other things, that the requirement that the employees be subject to…

Altering Vested Retiree Benefits Found to be Unlawful by Arbitrator

· 2 min read

A recent arbitration decision serves as an important reminder that if an employer wishes to negotiate changes to retiree benefit entitlements in a unionized workplace for employees who have already retired, it can only do so where the applicable collective agreement contains clear and unambiguous language allowing for such changes. In this case, the employer…

Can Hospitals Impose a Dress Code that Prohibits Large Tattoos and Excessive Body Piercings in a Unionized Environment?

· 2 min read

Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…