Articles

About Articles The below articles are published by the Education Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: sectioninsiders@oba.org 

Today
Today

Grievor Not Permitted to Waive Pension Entitlement

  • February 18, 2015
  • Carolyn L. McKenna

In OSSTF v. Brant Haldimand Norfolk Catholic District School Board, 2014, a retired custodian found he was not enrolled in the Ontario Municipal Employees Retirement System and filed a grievance seeking retroactive enrollment.

Education Law

IPC Finds Transportation Consortia are Subject to MFIPPA

  • February 18, 2015
  • Robert G. Keel and Nicola Simmons

Several consortia and school boards across the province denied freedom of information requests pursuant to the Municipal Freedom of Information and Protection of Privacy Act requesting access to a variety of records related to the procurement of student transportation services. Here is a summary of the IPC's recent decisions following appeal.

Education Law

New Employment Standards Act, 2000 Amendments Expand School Boards' Obligations

  • February 18, 2015
  • Maria Gergin

In 2014, the Ontario Employment Standards Act, 2000, S.O. 2000 C. 41, which applies to most employees of all provincially-regulated employers in the province, including Ontario school boards, received some significant amendments. The most notable changes came in the form of three new leaves of absence, for which employees with specified length of service are eligible.

Education Law

Arbitrator Rules that Benefits Provided under a Collective Agreement For Post-Age 65 Retirees are Permissible Under the Education Act

  • February 18, 2015
  • Rachael Belanger

On July 29, 2014, the Ontario arbitration decision of Greater Essex County District School Board and CUPE, Local 27 (Retiree Benefits), Re, held that a collective agreement which mandated the school board to provide benefits to retired employees over the age of 65 was permissible under sections 177(3) and (4) of the Education Act.

Education Law

Tranchemontagne Test for Discrimination Upheld at HRTO

  • January 22, 2015
  • Amanda Lawrence

In Rudkins v. Durham Catholic District School Board, 2014, the Human Rights Tribunal of Ontario was provided with the opportunity to reiterate and clarify the appropriate test for discrimination.

Education Law

Teacher Expression: Can you restrict it?

  • January 22, 2015
  • Dianne Jozefacki

Teacher expression, such as posting on social media websites or discussing politics and public policy in the workplace, can have a profound effect on the employment relationship and the workplace, including a school board’s ability to maintain a good reputation in the community and deliver education to its students.

Education Law

The Public Sector and MPP Accountability and Transparency Act, 2014

  • December 15, 2014
  • Eric M. Roher and Rachael Belanger

On December 9, 2014 the Ontario legislature passed Bill 8, the Public Sector and MPP Accountability and Transparency Act, 2014. Bill 8 gives the government the authority to establish new “compensation frameworks” for certain senior public sector executives and implement new accountability and transparency measures for the broader public sector.

Education Law