Public Sector — Ontario Employment Law

Ontario Public Service Employees Union et al. v. The Crown in Right of Ontario

Charter Challenge: Freedom of Association in Public Sector

This is a merits decision regarding a Charter challenge to the government's cancellation of a Task Force via Order in Council. The court applied the test from Health Services and Mounted Police to determine if there was substantial interference with freedom of association and collective bargaining rights. The application was dismissed as the government was not responsible for the inability to exercise associational rights, and the Task Force Letter of Understanding did not bind the Government.

Ontario English Catholic Teachers Assoc. v. His Majesty

Bill 124 Unconstitutional: Collective Bargaining Rights

This is a constitutional challenge regarding the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124). The court examined whether the legislation's wage cap and restrictions substantially interfered with the freedom of association and collective bargaining rights protected under section 2(d) of the Charter. The court found that Bill 124 violated section 2(d) and that this infringement could not be justified under section 1 of the Charter.

Elementary Teachers Federation of Ontario v. York Region District School Board

Teachers' Privacy Rights: Charter s. 8 Appeal

This is an appeal concerning workplace privacy rights of public school teachers, specifically whether a principal's access to a password-protected personal Google account breached Section 8 of the Charter. The Court of Appeal quashed the labour relations arbitrator’s decision, finding the search unreasonable and exceeding the principal's statutory authority under the Education Act. This decision was appealed to the Supreme Court of Canada, which upheld it (York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22). The Supreme Court dismissed the appeal, holding that Ontario public school board teachers are protected by section 8 of the Charter in the workplace. The Court of Appeal's decision quashing the arbitrator's decision stands.

K. v. Canada (Attorney General)

A case involving a self-represented litigant concerning the failure to file a grievance within the public sector employment dispute resolution process.

Ottawa (City) v. Canadian Union of Public Employees

A judicial review application concerning a labour relations matter involving the City of Ottawa and the Canadian Union of Public Employees. The Divisional Court reviewed a decision under section 19(2) of the relevant labour legislation.

Ottawa Fertility Centre Inc. v. Ontario Nurses’ Association

This is a judicial review or appeal concerning labour relations and the application of human rights legislation in the public sector. The case addresses the interaction between the Public Sector Labour Relations Transition Act, 1997 and the Labour Relations Act, S.O. 1995, c. 1, s. 9(3).

C. v. Ontario Public Service Employees Union

A labour law dispute involving the Ontario Public Service Employees Union concerning entitlements to vacation pay and pensions within the public sector.

P. v. Ontario (Ministry of Training, Colleges & Universities)

This is a wrongful dismissal case involving the Ministry of Training, Colleges & Universities. The dispute centers on damages arising from the dismissal.

S. v. National Film Board of Canada

S. v. National Film Board: Court Jurisdiction Upheld

This was an appeal to the Court of Appeal from a motion judge's order dismissing an action for lack of jurisdiction. The plaintiff, a probationary employee in a managerial position, brought an action raising whistle-blowing allegations after her termination. The defendant employer moved to dismiss the action three years later on the basis that the grievance procedure under the Public Service Staff Relations Act was the appropriate forum. The motion judge dismissed the action. The Court of Appeal allowed the appeal, finding the Superior Court retains residual jurisdiction and it would be a miscarriage of justice to leave the plaintiff without a remedy since it was too late to grieve.

A. v. Canada (Attorney General)

This is an appeal to the Court of Appeal from a motion judge's decision dismissing civil claims against an employer. The unionized employee sued a co-worker, a supervisor, and the Attorney General of Canada over workplace harassment. The motion judge dismissed the claims against the supervisor and the Attorney General because the dispute was governed by a collective agreement. The Court of Appeal dismissed the employee's appeal. The Court confirmed that civil courts must defer to the statutory grievance procedure for matters involving the employer's obligation to provide a safe working environment.

Caressant Care Nursing Home of Canada Ltd. v. London and District Service Workers' Union, Local 220

Judicial Review: Pay Equity & Public Sector Employer Definition

This is a judicial review of a labour tribunal's decision concerning whether a private corporation operating a retirement home is subject to public sector pay equity rules under the Pay Equity Act. The Divisional Court quashed the tribunal's decision, finding its interpretation of 'public sector employer' unreasonable and noting the tribunal failed to consider legislative intent and extrinsic evidence.

G. v. Canada (Attorney General)

A wrongful dismissal case involving grievances filed by an employee against the Crown. The case addresses the legal issues surrounding the termination of employment and the associated grievance process.

Ontario Conference of Judges v. Ontario (Chair of Management Board)

A judicial review application brought by the Ontario Conference of Judges against the Chair of the Management Board. The Divisional Court reviewed an administrative decision, with the case falling under the 'Labour and employment' topic, likely concerning the rights or status of judges or public sector employees.

Ontario Hydro v. Canadian Union of Public Employees

This is a judicial review of an arbitration award involving a public sector employer and a trade union. The Court of Appeal for Ontario addressed administrative law issues regarding the scope of judicial review in the context of labour arbitration.

O.P.S.E.U. v. Ontario (Management Board of Cabinet)

O.P.S.E.U. v. Ontario: Social Contract Act Injunction

This is an interlocutory proceeding in which the Ontario Public Service Employees Union sought an injunction to prevent the government from implementing unpaid leave days under the Social Contract Act, 1993, before joint committees and arbitration processes were completed. The court addressed whether it had jurisdiction to intervene and whether the balance of convenience favored granting the injunction to protect the integrity of the legislative scheme.

Re Peel Board of Education and J. et al.

Teacher Dismissal Case Involving Judicial Review and Education Act

A wrongful dismissal case involving the dismissal of teachers by the Peel Board of Education, with the dispute centered on the Education Act, 1974 (ONT.), c. 109, s. 235, and involving a judicial review of the dismissal decision.