Province of Ontario Grants Province’s Publicly Assisted Post-Secondary Institutions Unfettered Discretion to Address Sexual Misconduct; Bans NDAs

If an employee of one of Ontario’ publicly-assisted universities or colleges of applied arts and technology commits an act of sexual misconduct toward a student of an institution, what penalty should or must apply?

Owing to a recent change in the Ministry of Training, Colleges and Universities Act, the answer is entirely within the hands of the institution with some very serious consequences, including permanent exclusion from being re-employed by the dismissing institution.

Moreover, the law provides that, subject to the rights of the student to request otherwise, an agreement between an institution and any person, including a collective agreement or an agreement settling existing or contemplated litigation, shall not contain any term that, directly or indirectly, prohibits the institution or any person related to the institution from disclosing that an allegation or complaint has been made that an employee of the institution committed an act of sexual misconduct toward a student of the institution.

Additionally, the law provides that the new rules apply despite “any contrary term in an employment contract or collective agreement, or any contrary rule or principle of common law or equity” specifically including, but not limited to subsection 48 (17) of the Labour Relations Act, 1995 and subsection 14 (17) of the Colleges Collective Bargaining Act, 2008.

Failure to Follow Covid-19 Directions Cause for Termination

Is an employee’s failure (or blatant refusal) to follow an employer’s directions to protect public health – during a global pandemic – cause for termination of employment?

In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162, Labour Arbitrator M. Brian Keller had no problem finding that it was.

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

In the case of Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurses’ Association, 2019 CanLII 433 (ON LA), a labour arbitrator ruled that it was. Moreover, the arbitrator ordered that the registered nurse, who conceded that her employment had been terminated for just cause, reinstated to her employment.