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Employer and union found liable for religious discrimination for failing to accommodate employee's Sabbath observance.
The complainant, a Seventh Day Adventist, was terminated from her employment as a laboratory technician because her religious beliefs prevented her from working a scheduled Saturday shift.
The Board of Inquiry found that both the employer and the union engaged in adverse effect discrimination on the basis of creed.
The employer failed to reasonably accommodate the complainant by not specifically offering to allow her to work on Sunday at straight time or to arrange a shift swap, and did not establish that such accommodations would cause undue hardship.
The union also failed to reasonably accommodate the complainant by refusing to agree to an exemption from the collective agreement's overtime provisions.
The respondents were ordered jointly and severally to pay damages for lost wages and interest, and to review their work rules to prevent future discrimination.
Elementary teachers constitute seven job classes based on qualifications, requiring a single joint pay equity plan.
The employers and bargaining agents disputed the number of job classes and pay equity plans required for elementary school teachers under the Pay Equity Act, 1987.
The employers argued that all elementary teachers constituted a single job class and that separate pay equity plans were required for male and female teachers.
The Tribunal held that elementary teachers are divided into seven distinct job classes based on their different educational qualifications and corresponding salary ranges.
Furthermore, the Tribunal determined that a single pay equity plan was appropriate for all elementary teachers, as they form a single bargaining unit represented jointly by their respective branch affiliates.
The Tribunal also permitted limited intervenor status to the secondary school teachers' federation to provide historical context on teacher compensation grids.
Motion to dismiss sex discrimination complaint denied; violation of dignitary interests establishes prima facie case.
The respondents and interveners brought motions to dismiss the sex discrimination complaints of two female public elementary school teachers.
The complainants alleged that the Ontario Teachers' Federation by-law requiring them to be statutory members of the Federation of Women Teachers' Associations of Ontario, and denying them statutory membership in the Ontario Public School Teachers' Federation solely because of their sex, violated their right to equal treatment under the Human Rights Code.
The Board of Inquiry denied the motions to dismiss, finding that the complainants had established a prima facie case of discrimination.
Although the complainants suffered no economic detriment, the mandatory assignment to a gender-segregated organization against their wishes constituted an injury to their dignitary interests, which is sufficient to establish discrimination under the Code.
OLAP and two community legal clinics declared a single employer under the Labour Relations Act.
The Ontario Public Service Employees Union (OPSEU) applied for a declaration under section 1(4) of the Labour Relations Act that the Ontario Legal Aid Plan (OLAP) and four community legal clinics constituted a single employer.
OPSEU also alleged that OLAP engaged in intimidation or coercion contrary to section 70 of the Act.
The Ontario Labour Relations Board found that OLAP and the clinics were engaged in associated or related activities and were under common direction or control due to OLAP's significant involvement in the clinics' personnel and operational matters.
The Board exercised its discretion to declare OLAP a single employer with Neighbourhood Legal Services and Injured Workers' Consultants, but declined to do so for Community Legal Education Ontario.
The section 70 complaints were dismissed.
Motion to quash summonses for production of documents dismissed; descriptions met reasonable distinctiveness test.
The respondents brought a motion to quash summonses issued by the Ontario Human Rights Commission and the complainant requiring the production of documents by the respondent employer.
The Board of Inquiry held that the Commission's investigative powers under the Human Rights Code do not preclude it from requesting a summons under the Statutory Powers Procedures Act.
The Board further found that the descriptions of the documents in the summonses met the test of reasonable distinctiveness and were relevant to the inquiry.
The motion to quash was dismissed, though one duplicate summons was quashed to avoid redundancy.
Board of Inquiry sets procedural rules and holds section 13 is a defence, not part of prima facie case.
This is a second interim decision regarding procedures of the Board of Inquiry hearing the complaints of Margaret Tomen and Linda Logan-Smith alleging that a by-law of the Ontario Teachers' Federation discriminates against them because of their sex.
The Board of Inquiry decides on the order of appearance of the parties and interveners, the onus of proof on the complainants and respondents, procedures regarding expert evidence, and hearing dates.
The Board ruled that the Commission is not required to anticipate and rebut a section 13 special program defence as part of its prima facie case.
Certification granted for occasional teachers; existing collective agreement did not cover them via voluntary recognition.
The applicant union applied for certification to represent occasional teachers employed by the respondent school board.
The respondent argued that the occasional teachers were already covered by a subsisting collective agreement through voluntary recognition, pointing to a personnel manual incorporated into the agreement.
The Board rejected this argument, finding that the collective agreement and relevant legislation clearly excluded occasional teachers, and the personnel manual did not constitute a valid voluntary recognition agreement.
The Board found the proposed bargaining unit appropriate and, based on the results of a pre-hearing representation vote, granted certification to the applicant.
