Employment and Labour Law Update for Smaller Municipalities – Peterborough

At this conference you will receive invaluable information and guidance from Canada’s leading management side labour and employment law firm. This conference is intended for anyone who, as part of their responsibility within a municipality, has to manage employees. And, it is for those of you who must make those hard decisions about terminations, collective…

HRTO and Developments in the Law of Reconsideration

Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…

Employment and Labour Law Update for Smaller Municipalities – Toronto

At this conference you will receive invaluable information and guidance from Canada’s leading management side labour and employment law firm. This conference is intended for anyone who, as part of their responsibility within a municipality, has to manage employees. And, it is for those of you who must make those hard decisions about terminations, collective…

Ontario Releases Draft Compensation Restraint Legislation for Consultation

Earlier today, the Ontario Minister of Finance announced draft omnibus legislation, the Protecting Public Services Act, 2012 (the “Draft Bill”), that would implement new, substantially more restrictive compensation restraint measures, and impose a significant new provincially mandated collective bargaining regime, for the Broader Public Sector (“BPS”). Highlights of the Draft Bill include: Schedule 1 (enacting…

Jurisdiction of an Arbitrator to Examine Procedures Issued by the Chief of Police

In two recent decisions involving the Toronto Police Services Board (“TPSB”) and the Toronto Police Association (“TPA”), Arbitrator Paula Knopf held that she lacked jurisdiction to hear grievances that challenged certain Procedures issued by the Chief of Police. In both cases, the TPSB raised successful preliminary objections and argued that the arbitrator lacked jurisdiction as…

Proposed Changes to OMERS Target Emergency Services Employees and High Income Earners

On May 4, 2011, the OMERS Sponsors Corporation (“SC”) made public seven proposed changes to the OMERS pension plans. The proposals have been put forward by various individual SC members in connection with the SC’s annual review of the OMERS pension plans. There are two main objectives: (1) improving the funded position of the top-up…

School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure

One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…

Hicks Morley Information and Privacy Post – Fall 2010

Welcome to the Fall 2010 Quarterly Edition of the Hicks Morley Information and Privacy Post! As always, we bring you this quarter’s case law updates in privacy, freedom of information, confidentiality and the law of production. Highlights in this quarter include State Farm v. Privacy Commissioner of Canada, [2010] FC 736, where the Federal Court…

Municipal Elections 2010: Employers’ Obligation to Provide Paid Time Off to Vote

Province-wide municipal elections will be held on October 25, 2010, and voting hours will run from 10:00 a.m. to 8:00 p.m. Under the Municipal Elections Act, 1996, all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their vote. To be…

Interest Arbitrator Awards Wage Increase to Unionized Nursing Home Employees

On September 15, 2010, Arbitrator Jesin released an interest arbitration award in which he awarded a 2% wage increase to unionized nursing home employees. In his reasons, he considered both the Ontario government’s March 2010 Budget and its subsequent directive that, as collective agreements are renegotiated, the government’s transfer payment partners and the corresponding bargaining…