Danielle Leon Foun Lin

The applicant hospital sought to validate its unilateral completion of a pay equity plan after negotiations with the respondent union reached an impasse.

The parties had signed Terms of Reference in 2006 to negotiate a new plan following an amalgamation.

The Tribunal held that the hospital was statutorily required under the Pay Equity Act to negotiate the plan with the bargaining agent and could not unilaterally implement it.

Finding that the parties' relationship was dysfunctional and further negotiations would be fruitless, the Tribunal ordered a Review Officer to prepare the pay equity plan pursuant to section 25(2)(a) of the Act.

The Member, a teacher, pled guilty to professional misconduct after a physical altercation with a student who attempted to leave the classroom without permission.

The Member blocked the door and held the student's arm, leading to a struggle where the student fell.

The Discipline Committee accepted the joint submission on penalty, ordering a reprimand and acknowledging that the Member had already completed remedial courses in classroom management and stress and anger management.

The Member, a teacher, appeared before the Discipline Committee on an agreed statement of facts and joint submission on penalty.

He admitted to grabbing and pushing a student against a portable handrail, and to failing to adequately supervise students on two occasions, including an unauthorized trip to his home.

The Committee found the Member guilty of professional misconduct, including physical abuse and failure to supervise.

Accepting the joint submission, the Committee ordered a reprimand, completion of a course on boundary issues and student supervision, and publication of the decision including the Member's name.

The Ontario College of Teachers alleged that the Member, a teacher, engaged in an inappropriate sexual relationship with a student.

The Discipline Committee heard conflicting testimony from the student, the Member, and a police officer who found them parked in a car on an isolated road.

The Committee found the student's testimony regarding sexual contact to be inconsistent and uncorroborated, and therefore dismissed the allegations of sexual abuse.

However, the Committee found that the Member's admitted conduct of being alone with the student in his car on an isolated road, and asking the police officer not to report the incident, constituted professional misconduct, as it failed to maintain professional boundaries and was disgraceful, dishonourable, and unbecoming a member.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, including failing to supervise students, lateness, using inappropriate language, and failing to meet administrative deadlines.

The member pled guilty to the allegations.

The Discipline Committee accepted the guilty plea, found the member guilty of professional misconduct, and ordered a verbal reprimand, completion of an additional qualification course, and publication of the decision including the member's name.

The appellant, the Ontario College of Teachers, appealed a decision of its discipline committee allowing the respondent's motion to have her verbal reprimand administered in Ottawa rather than Toronto.

The Divisional Court allowed the appeal, finding that the committee erred in its application of the doctrine of res judicata.

The court held that the issue of the location of the reprimand had already been decided in a previous hearing where the respondent was ordered to attend in person, which implicitly meant Toronto.

The committee's conclusion that it had not decided the location was unreasonable, and there were no exceptional circumstances to justify refusing to apply issue estoppel.

The Member, a teacher, faced allegations of professional misconduct for physically abusing a student.

During a disciplinary confrontation over a non-uniform sweatshirt, the Member wrestled with the student and pushed him against lockers.

The Member pleaded no contest to the allegations.

The Discipline Committee accepted the agreed statement of facts and found the Member guilty of professional misconduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, completion of an anger management course, and publication of the decision including the Member's name.

The College brought a motion seeking leave to withdraw allegations of incompetence and misconduct against the member.

The parties consented to disposing of the proceeding without a hearing pursuant to the Statutory Powers Procedure Act.

The Discipline Committee granted the motion, allowing the withdrawal of the Notice of Hearing in exchange for the member's undertaking to complete an Additional Qualification course in reading and to obtain a satisfactory performance appraisal upon returning to work.

The Committee found the resolution reasonable and in the public interest.