News & Events

In a decision issued on February 7, 2022, Arbitrator Gail Misra struck down an employer’s policy for mandatory vaccination against COVID-19 to the extent that the policy contemplated termination as an “automatic” penalty for non-compliance. The decision deals with a policy grievance by Healthcare, Office and Professional Employees Union, Local 2220 (“the Union”) against Chartwell

In a recent decision, Arbitrator Michael Mitchell upheld a policy on mandatory vaccination (which required two doses in addition to any recommended boosters) against COVID-19 as it applied to employees who work in an indoor setting at least some of the time.[1] The Power Workers’ Union (“the Union”) filed a policy grievance against the vaccination

On January 12, 2022, Arbitrator Randall J. Noonan released a decision in which he denied an application by the International Association of Professional Firefighters, Local 1286 (“IAFF”) and the Canadian Union of Public Employees, Locals 718 and 394 (“CUPE”) (together, the “Unions”) to stay the application of a mandatory vaccination policy (the “Policy”) by the

In a decision released on January 12th, 2022, Arbitrator Jesin held that a workplace mandatory Covid-19 vaccination policy and associated vaccination status disclosure requirement issued by Maple Leaf Sports and Entertainment (“MLSE” or the “Employer”) for employees working at its Toronto sports and events venue Scotia Bank Arena was a reasonable exercise of the Employer’s

In a pair of decisions released back-to-back, the Ontario Labour Relations Board dismissed separate applications alleging that trade unions violated their Duty of Fair Representation in relation to their handling of complaints concerning employer COVID-19 vaccine policies. On January 10 and 11 2022, the Board released its decisions in Bloomfield v SEIU, Local 1 and

In a decision released on January 4, 2022, Arbitrator Herman denied a grievance from the United Food and Commercial Workers Canada, Local 175 (“UFCW”) concerning a workplace policy on mandatory vaccination against COVID-19 issued by Bunge Hamilton Canada (“Bunge”). UFCW grieved that the policy—which placed non-compliant employees on unpaid leave—was an unreasonable exercise of managerial

In a decision released on November 15, 2021, Arbitrator Denis Nadeau found that a vaccination requirement promulgated by customers of several housekeeping contractors infringed the right to respect for private life provided for in Article 5 of the Quebec Charter of human rights and freedoms (the “Quebec Charter“)[1]. However, in light of Article 9.1 of the Charter, Arbitrator Nadeau held that

In Manitoba Federation of Labour et al v. The Government of Manitoba, the Manitoba Court of Appeal held that the province’s public sector wage restraint legislation did not violate the Charter of Rights and Freedoms (the “Charter”). In deciding as such, the Court of Appeal overturned a ruling by the Court of Queen’s Bench. Under the leadership of

In a decision released on November 11, 2021, Arbitrator John Stout allowed a grievance filed by the Power Workers’ Union (the “PWU”) against the Electrical Safety Authority (the “ESA”) challenging a mandatory vaccination and disclosure policy. In September 2021, the ESA adopted a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) that allowed employees

The University of Health Network’s (“UHN”) mandatory vaccination policy required all of its more than 17,000 employees to be fully vaccinated or face termination of their employment, commencing October 22, 2021. Justice Sean Dunphy of the Ontario Superior Court issued an interim injunction on October 22, 2021, in response to a motion brought by several

On October 25, 2021, the Government of Ontario introduced Bill 27, Working for Workers Act, 2021 (“Bill 27”) to amend, among other things, the Employment Standards Act, 2000 (the “ESA“). If passed, Bill 27 and the amendments it includes, would significantly alter the employer-employee relationship. The changes proposed by Bill 27 include: New Part VII.0.1 – Right to Disconnect

Is labour arbitration the only avenue for unionized employees to seek redress for human rights violations? This issue—arbitral jurisdiction vis-à-vis the jurisdiction of other courts and tribunals to hear disputes in unionized workplaces—has been the subject of considerable legal debate. In Linda Horrocks v Northern Regional Health Authority, the SCC recently held that, absent legislative intention

*The injunction described below was lifted on Oct. 29, 2021.  We will provide an update shortly. On October 22, 2021, the Ontario Superior Court issued an interim injunction, temporarily halting an attempt by the University of Health Network (“UHN”) to terminate its unvaccinated employees. The injunction was granted in response to an urgent motion brought

A recent arbitral decision, EllisDon Construction Ltd. v Labourers’ International Union of North America, Local 183, may provide some needed insight into how arbitrators will consider workplace policies mandating COVID-19 testing and/or vaccinations for its employees. In a decision released June 10, 2021, Arbitrator Robert Kitchen dismissed a grievance filed by LIUNA Local 183 in which the

In a decision released May 15, 2021, Arbitrator Derek Rogers upheld grievances concerning an employer’s implementation of a phone application entitled “Exak Time.”  Grievances were filed by both IUOE Local 793 and LIUNA 183. Both unions challenged the employer’s implementation of the app, which required clocking in and clocking out via mobile phone. The ExakTime

The current COVID-19 pandemic has had a devastating impact within the province of Ontario. The residents and staff of long-term care homes have been among those most affected by COVID-19.  By the end of April 2021, the pandemic had caused the deaths of approximately 4000 residents and 11 staff at long-term care facilities.[1] Although long-term

The British Columbia Human Rights Tribunal (the “Tribunal”) recently dismissed a complaint which alleged that it was discriminatory for a grocery store to refuse to allow a customer to enter without wearing a mask. In a decision dated March 31, 2021, The Customer v. The Store, 2021 BCHRT 39 (CanLII) the Tribunal dismissed the complaint without

In Sharma v. Toronto (City), 2020 HRTO 949 (CanLII), the Applicant alleged that By-Law 541-2020 (the “By-Law”), which requires businesses and other establishments that are open to the public to adopt a policy that members of the public are not permitted entry to, or otherwise remain within, any enclosed space unless they are wearing a

The Ontario Labour Relations Board has clarified the scope of the precautionary principle, both generally and in the context of the COVID-19 pandemic, in its recent decision Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (“LCBO“). In this decision, the Board reaffirmed that compliance with the precautionary principle may

A recent decision provides a caution concerning the proper treatment of medical information in the grievance process. In Orillia Soldiers’ Memorial Hospital v Ontario Public Service Employees’ Union, Local 383, Arbitrator Randi Abramsky determined that the hospital violated the Personal Health Information Protection Act (“PHIPA”), the Occupational Health and Safety Act (“OHSA”) the hospital’s own

Facts In June 2020, Caressant Care Nursing & Retirement Homes (the “Employer”) advised its staff that it would begin conducting bi-weekly COVID-19 testing and would begin to require proof of testing before an employee could return to work. When several staff members complained, the Employer advised its employees that if they chose not to comply

As we continue to monitor the evolving COVID-19 situation as well as the Government’s response and the current emergency declaration, we want to advise that there have been further changes to O. Reg. 82/20: RULES FOR AREAS IN STAGE 1 to the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. O. Reg. 82/20: RULES

On January 12, 2021, the Ontario Government issued a second state of emergency declaration under s. 7.0.1(1) of the Emergency Management and Civil Protection Act (the “EMCPA“) in response to the ongoing COVID-19 pandemic. Under the EMCPA the emergency declaration will automatically terminate after 14 days unless it is extended (or terminated early). As part

We are pleased to announce that, effective December 1, 2020, Lesa MacDonald has assumed the role of Counsel in the Pensions and Benefits Department of Koskie Minsky LLP. In her new role, Lesa will be taking on additional senior-level client relationship management responsibilities. She will continue her legal advisory work for clients of the Pension and

Facts The complaining Employee was employed as a housekeeper at a hotel in Niagara Falls, Ontario where she was allegedly harassed and taunted by her colleagues and supervisor for having an unpleasant odour and for other matters related to a diagnosed medical condition. While still working at the hotel, the Employee filed a human rights

On October 16, 2020, the Supreme Court of Canada (the “Court”) ruled that the Royal Canadian Mounted Police (“RCMP”) pension plan breaches section 15 of the Canadian Charter of Rights and Freedoms (“Charter”) on the ground of sex and perpetuates discrimination against women by precluding members who participate in job-sharing arrangements from purchasing full-time pension

Effective June 8, 2020, all in-person hearings scheduled before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) will be converted to teleconference hearings unless the Scheduling Administration Manager is satisfied that another alternative hearing method is appropriate. If a party objects to proceeding by teleconference, their objection will be addressed by the Vice-Chair or Panel

Union locals, pension funds, and employee benefit funds may be eligible for the Temporary Wage Subsidy and the Canada Emergency Wage Subsidy in their capacity as employers. Employers will generally be eligible for the Temporary Wage Subsidy (TWS) if they have one or more employees and had a business number for the purpose of making

Recent decisions from Ontario labour tribunals show that hearings can, in some cases, proceed during the COVID-19 pandemic. The pandemic has prevented public gatherings from taking place, preventing parties to disputes from appearing in person before a decision maker in order to have their matters resolved. However, a few recent decisions indicate that arbitrators and

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (“WSIB”) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis, and will not result

Both the Workplace Safety and Insurance Board (WSIB) and the Workplace Safety and Insurance Appeals Tribunal (WSIAT) have modified their services in response to the COVID-19 crisis. WSIB The WSIB’s offices are closed and they are not accepting any mail or deliveries. Their phone lines are open Monday to Friday 7:30 a.m. to 5:00 p.m.,

On March 23, 2020 the Workplace Safety and Insurance Board (WSIB) issued a policy document outlining their approach to claims for occupational exposure to COVID-19. The policy states that, like other WSIB claims, the WSIB will adjudicate COVID-19 claims on a case-by-case basis “based on the merits and justice of the case, taking into account

This document is intended to provide general information during the COVID-19 pandemic and should not be construed as legal advice. The impact of the COVID-19 pandemic on unions and workers —both in terms of the public health crisis itself and the regulatory response to it—is changing rapidly and we will provide updated information as it

In a highly anticipated decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board has ruled that Foodora couriers are dependent contractors and therefore have a right to seek certification. On July 31st, 2019, the Canadian Union of Postal Workers (“CUPW”) filed an Application for Certification on behalf of couriers in

On November 8, 2019, the Ontario legislature passed Bill 124. Bill 124 is aimed at the broader public sector, including: hospitals, crown agencies, school boards, universities, colleges, long term care homes, ornge, children’s aid societies, and other boards, corporations, offices or organizations that do not carry on activities for the purpose of gain or profit

In the Ontario Court of Appeal’s first decision of the year, Heller v Uber, 2019 ONCA 1, the court held that an arbitration clause in the terms that individual drivers are required to “accept” to become drivers for Uber breached the prohibition on contracting out of the Employment Standards Act (ESA), and was otherwise unconscionable

On December 20, 2018, the Ontario Progressive-Conservative government passed Bill 67 at third reading, a piece of special legislation preventing a strike by Ontario Power Generation (OPG) workers across the province. The legislation received Royal Assent the same day and is now in force. The Power Workers’ Union (PWU) represents approximately 6,000 workers employed by

Last week, the Ford Government tabled the Restoring Ontario’s Competitiveness Act, 2018, more commonly known as Bill 66. Debate on the Bill will not begin until February 19, 2019, but given the substantial PC majority in the House, it is likely that some version of the Bill will receive Royal Assent in the spring of

In a recent decision, International Brotherhood of Electrical Workers, Local 636 v. Tyco Integrated Fire and Security Canada Inc, Arbitrator Laura Trachuk found that an employer discriminated against an employee by requiring him to go to a separate area within the workplace to self-administer medical care related to Type 1 diabetes.  Type 1 diabetes is

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. On November 21, 2018, Bill 47 passed third reading, and received Royal Assent the same day. Bill 47 has made many important changes to various pieces of legislation governing employment

Summary and Overview On October 23, 2018, the Ontario government tabled Bill 47, Making Ontario Open for Business Act, for first reading in the legislature. Bill 47 makes many important changes to various pieces of legislation governing employment and labour relations in Ontario, principally the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act,

In 2015, the Labourers’ International Union Of North America, Ontario Provincial District Council filed an application for certification against Ramkey Communications Inc. (“Ramkey”), which employed construction employees that installed, maintained, and repaired portions of telecommunications networks. At the time the application was filed, almost all of Ramkey’s work was performed for Rogers. Telecommunications companies, like

On June 30, 2018 the Ontario Human Rights Commission (the “OHRC”) released its Annual Report, entitled Impact today, investment for tomorrow. The report tracks the steps taken by the OHRC from April 1, 2017 to March 31, 2018, to fulfil the commitments made in their 2017-2022 Strategic Plan. The report focuses on four main areas

“. . . the majority has chosen the winners by turning the First Amendment into a sword, and using it against workaday economic and regulatory policy . . . The First Amendment was meant for better things. It was not meant to undermine but to protect democratic governance – including over the role of public-sector

As many readers are already aware, the new Personal Emergency Leave provisions in s. 50 of the Employment Standards Act, as well as the provisions in the Regulations that provide an exemption to construction employers allowing them to pay .8% of an employee’s hourly rate or wages (“Personal Emergency Pay”) in lieu of providing paid

In Law Society of British Columbia v Trinity Western University[1] and a companion appeal, Trinity Western University v Law Society of Upper Canada,[2] the majority of the Supreme Court of Canada affirmed the appropriate test for reviewing the decisions of administrative tribunals that engage rights found in the Canadian Charter of Rights and Freedoms. This

Ontarians head to the polls on June 7th, and the results could mean big changes for labour and employment law. While the Liberals are promising to maintain the status quo, the Progressive Conservatives are taking aim at future increases to the minimum wage and the NDP hopes to make sweeping changes to both the labour

On January 23, 2018, a senior British Columbia arbitrator, John Kinzie, released a significant decision concerning random drug and alcohol testing in unionized workplaces.  The decision, USW Locals 7884 and 9346 v. Teck Coal Ltd.[1] followed the ruling of the Supreme Court of Canada in Irving Pulp and Paper[2], and built upon on the arbitral

For decades, the Ontario Labour Relations Board has considered only the wishes of those persons employed in the bargaining unit on the date of application in construction industry proceedings. “Steady eddies”, disabled employees, and others who are absent from work on the date of application for any number of reasons are thereby excluded from the

Recent amendments to the Ontario Labour Relations Act, added after the passage of Bill 148, have created a new tool for trade unions to assist with their organizing campaigns.  Unions can now make an application to the Labour Relations Board for an order requiring an employer to provide a list of its employees to the