Articles 2021

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Today

Arbitrator Rules that Collective Agreements Include Memoranda of Understanding

  • September 24, 2014
  • John-Paul Alexandrowicz

Arbitrator George Surdykowski has rendered a significant award in which he concludes that the Memorandum of Understanding between the Ontario English Catholic Teachers’ Association and the Ontario Government formed part of a school board’s 2012-14 collective agreements with OECTA. This award addresses an outstanding issue about the status of the collective agreements imposed on school boards by the Government for the 2012-2013 and 2013-2014 school years.

Education Law

CASL for School Boards

  • May 05, 2014
  • Gillian Tuck Kutarna

Canada’s Anti-Spam Legislation comes into force on July 1, 2014, and may significantly affect the way school boards are able to communicate with parents, employees, suppliers and stakeholders.

Education Law

Case Summary - Nipissing-Parry Sound Catholic District School Board and Canadian Office & Professional Employees Union, Local 529

  • April 22, 2014
  • Edward O'Dwyer

In Nipissing-Parry Sound Catholic District School Board and Canadian Office & Professional Employees Union, Local 529, 2014 CanLII 9874 (ON LA), Arbitrator Goodfellow was required to determine whether the School Board continued to be bound by provisions in the recently expired, 2008-2012 collective agreement, which could potentially increase the daily hours of work of educational assistants.

Education Law

Arbitrator Reinstates EA Who Engaged in Improper Physical Intervention

  • February 25, 2014
  • P. Adrian Di Lullo

Citing the 22 years of clean service, but also noting an attempt to minimize the severity of her actions, Arbitrator Norm Jesin suggested that he would reinstate an EA without compensation after she was terminated provided that the union agreed to waive the operation of the sunset clause in her case. The termination occurred after the grievor intervened in the restraint of a kindergarten student by another EA and dragged the student by the wrist along the pavement into the school building.

Education Law

OCA: Attempt to re-litigate an academic dispute is an abuse of process

  • November 01, 2013
  • P. Adrian Di Lullo

In a recent decision the Ontario Court of Appeal has protected the integrity of internal academic appeal processes at Universities by upholding the decision to strike a statement of claim brought against the University of Ottawa, and others, which sought to re-litigate an academic dispute.

Education Law