Tag: Legal decisions
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Harassment and Discrimination Prevention Policy Training Update
The OPSEU/SEFPO Member Equity Unit hosted training under the union’s Harassment and Discrimination Prevention Policy (HDPP) from November 3-7, 2025. Members from across OPSEU/SEFPO’s 7 regions participated. It was held at the OPSEU/SEFPO Membership Centre on 155 Lesmill Road in Toronto. The purpose of this week-long training was to build and strengthen the knowledge and…
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Case Comment: Safety on your own time?
In November 2021, in a stated attempt to prevent the spread of the COVID-19 virus, the OPS including the Ministry of the Solicitor General and the Ministry of Children, Community and Social Services introduced the “Ontario Public Service COVID-19 Safe Workplace Directive”. The Directive required mandatory COVID-19 rapid antigen testing for all unvaccinated staff entering…
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Case Comment: Legal timelines run whether the Employer – or the Union – wants them to or not
In any Collective Agreement, the grievance procedure will include required steps and timelines for those steps. Employers love to make technical legal arguments and try to avoid dealing with the real problem a worker is raising at the heart of a grievance. It’s important for the Union to stay on our toes about procedures, as…
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Case Comment: Workers fight to respect the National Day of Truth and Reconciliation Holiday
In 2021, the Federal government enacted Bill C-5 to create a new federal holiday to be observed on September 30, the National Day for Truth and Reconciliation. The purpose was to respond to the Truth and Reconciliation Commission of Canada’s Call to Action #80 by creating a holiday which seeks to honour First Nations, Inuit…
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Case Comment: Protecting Precarious Employment
In the College sector, partial-load Academic employees deal with a form of precarious employment that involves a series of semester long contracts. Because the work is divided into contracts which last a few months and are episodic in nature, disputes naturally arise with the Employer about what rights these workers have to further work, to…
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Case Comment: How the “precautionary principle” allowed TDSB to put some workers on unpaid leave
COVID-19 has been a complex challenge for employers – and unions – to balance the rights and interests of workers in the face of a global pandemic. In a key decision in March of 2022, the well-respected arbitrator William Kaplan issued a decision about a grievance filed by CUPE Local 4400 against a COVID policy…
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Classic Case Comment: Challenging Employers’ rules with the “KVP test”
OPSEU/SEFPO members often want to know when and how they can use the grievance process to challenge unreasonable Employer edicts. Arbitrators have ruled that Employers do have the legal power to issue policies and rules unilaterally under their right to manage the workplace. But this power is not without limitations. There are circumstances in which…
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Pension to the Max – Deciding when it’s best to begin receiving payments
“Normal retirement age” in Canada is age 65. This is when you can begin to collect your full Canada Pension (CPP), Old Age Security (OAS), and employer pension payments. You may choose to continue working and delay receiving your pension payment. But you can’t delay your pension payments forever. Income Tax Act regulations mean you…
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OPSEU to launch Charter challenge on Bill 124
Doug Ford rammed through Bill 124 last year. This legislation amounts to unacceptable interference with our collective bargaining rights enshrined in the constitution. OPSEU will not allow it to stand unchallenged. Bill 124 is a violation of section 2(d) of the Canadian Charter of Rights and Freedoms, undermining our rights to free collective bargaining. By…
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OPSEU files charter challenge to defend right to strike
Toronto – The Ontario Public Service Employees Union (OPSEU) filed a charter challenge today regarding the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, also known as Bill 178. The union maintains this Act, which forced an end to the college faculty strike in November 2017, violates the Canadian Charter of Rights and…
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OPSEU Harassment and Discrimination Prevention Policy (HDPP)
1.0 Introduction 1.1 OPSEU/SEFPO has a long tradition of struggle to end harassment and discrimination. The Union recognizes that equity issues are central to representing and defending members’ rights in the workplace, Union and community. Harassment and discrimination create a climate of intolerance and division among the membership. By eroding our unity and strength, they…
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Harassment and Discrimination Prevention Policy Procedures Manual
Introduction 1.0 Purpose 1.1 The purpose of this Procedures Manual is to provide a fair, accessible and expeditious process to deal with complaints under the Harassment and Discrimination Prevention Policy (“the Policy”). 2.0 General 2.1 Both Complainants and Respondents have a right to a support person or an Advisor of their choice from their region…
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The letter the Toronto Star wouldn’t print
A message to OPSEU members from Warren (Smokey) Thomas, President Dear friends: If you were at OPSEU Convention this year, you know that delegates worked hard to come up with a solution to a matter related to sexual assault and harassment in the workplace. You might also be aware that a Toronto Star columnist, Martin…
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OPSEU leads the way against sexual harassment
Toronto – This week at the annual convention of the Ontario Public Service Employees Union, over 2,000 members will be updated on actions OPSEU is taking to train all staff on sexual harassment and to promote harassment-free workplaces across the province. Members will also be updated on how the union responded to a sexual harassment…
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Wage Discrimination: All ‘casual’ CSR’s urged to sign on to discrimination claim
Be sure you don't miss out Customer service representatives who are classified as 'casual' by the LCBO have a strong case of wage discrimination based on gender. More than 1,300 of them have given consent for OPSEU to represent them at the Human Rights Tribunal of Ontario. Although any Tribunal decision will apply to all…
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LCBO and Wynne government discriminate against women, says OPSEU’s legal claim filed this morning
The Ontario Public Service Employees Union (OPSEU) moments ago filed a legal claim against the LCBO and the Ontario government for wage discrimination against female employees at the Crown-owned corporation. OPSEU President Warren (Smokey) Thomas delivered the Application to the Human Rights Tribunal of Ontario. The LCBO has deliberately created a core workforce of mainly…
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LBED members asked to sign form for wage discrimination case
Human Rights claim will proceed OPSEU will proceed with its wage discrimination claim against the LCBO and has asked all casual customer service representatives to sign on. "There is no downside to us proceeding with this complaint," OPSEU President Warren (Smokey) Thomas told an LBED tele-town hall meeting this morning. Thomas has written a letter …