On February 11, 2015, Arbitrator Randi Abramsky issued a decision interpreting the job posting provisions under the central agreement between Ontario Hospitals and the Ontario Council of Hospital Unions/CUPE. Specifically, Arbitrator Abramsky found that postings, whether electronic or paper, must be accessible to ensure that the purpose of these provisions – which is to ensure that Unions and employees are aware of available bargaining unit openings so they may apply for them and exercise their seniority rights – is met.

For over thirty years, the practice at the Health Sciences North (“Hospital”) was to post job opportunities on a physical bulletin board. In 2013, the Hospital unilaterally ended this practice and began posting job opportunities exclusively through a web portal that it had developed. The new system was complex and required employees to follow several steps before being able to access the job postings. The Canadian Union of Public Employees (“CUPE”), Local 1623, challenged the Hospital’s decision as many of its members were unable to access the new system.

Arbitrator Abramsky concluded that there was “evidence that some senior employees’ ability to exercise their seniority to apply for job postings has been diminished by the new online posting system.  The system utilized requires at least a minimal level of computer-use knowledge to access job postings. It is far less accessible […]”

The arbitrator ordered the Hospital to use a posting system that employees are able to access and consequently, “for the time being and until a more accessible electronic system is devised, the Employer must continue to post job openings on the physical bulletin board, in addition to posting them online.”

CUPE, Local 1623 was represented by its President, Dave Shelefontiuk, and Wassim Garzouzi from our firm.

On March 3, 2015, Kim Patenaude presented a workshop at Industry Canada on “The Respectful Workplace”.  The bilingual workshop was organized by Reach Canada and attended by over 30 employees in the National Capital Region.

Reach Canada has offered lawyer referrals and public education for individuals living with disabilities since 1981. Our firm is a long-term, proud supporter of REACH and its mission to improve the quality of life for citizens with disabilities.

The partners of Raven, Cameron, Ballantyne & Yazbeck are pleased to announce the selection of the successful 2015 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship candidate, Jacob Saltiel. Jacob is in his second year of studies at the University of Ottawa, Faculty of Law. Jacob has had excellent experience in Access to Justice issues as well as issues concerning refugee rights. He currently serves as Vice-Chair of the Canadian Association of Refugee Lawyers, uOttawa Chapter and is an assistant editor with the Ottawa Law Review. We congratulate Jacob on his achievement and look forward to working with him this summer when the internship takes place.

This is the tenth consecutive year that our firm has offered this Human Rights/Social Justice internship. Every summer, we provide paid employment to a student from the University of Ottawa Law School with placements in our firm and two social justice or human rights organizations. This year, Jacob will be working with the Workers History Museum and with the Broadbent Institute. Previous placements for our internship have included the International Development Research Centre, EGALE Canada, Amnesty International, the Ottawa Coalition to End Violence Against Women, the Council of Canadians, REACH Canada, and many other organizations which provide significant contributions in the areas of social justice and human rights.

On Sunday, March 8, 2015, the Ottawa and District Labour Council hosted its annual International Women’s Day Dinner. The sold out event was attended by community and labour activists who gathered to celebrate and reflect on women’s roles in both the labour movement and the workplace.

Keynote speaker, Cindy Oliver, President of the Federation of Post-Secondary Educators of British Columbia, gave a rousing presentation on the importance of ensuring that all work environments, especially trades, are accessible and safe for women, while highlighting the work that still needs to be done to achieve true gender equality.

The theme of the evening was “Sisters Sharing Hope Vision Solidarity” and was sponsored by the Ottawa District Labour Council Women’s Committee.

Wassim Garzouzi from our firm attended the successful event.

On February 23, 2015, Morgan Rowe spoke to the University of Ottawa Law School’s disability law class about issues related to accommodation and inclusion facing young Canadians with disabilities. Morgan’s presentation focused on disability accommodation issues in employment, education and transportation. The presentation also involved discussion of the findings of the study outlined in Morgan’s book, Exploring Disability Identity and Disability Rights Through Narratives, which was co-authored with University of Ottawa Professor Ravi Malhotra.

On March 12, 2015, Morgan Rowe spoke on a panel addressing key and emerging legal issues facing the trans* community. The panel was organized and hosted by OUTLaw, the LGBTQ Law Students’ Association at the University of Ottawa. Morgan spoke on trans* legal issues in the workplace, including discrimination in hiring and termination, workplace harassment, and the problems that arise from a medicalized approach to the duty to accommodate.

David Yazbeck is quoted in “Charter vetting challenge heading to Federal Court”, an article in the January 2015 edition of The Lawyers Weekly magazine. The article discusses the upcoming Federal Court case of Schmidt v A.G. Canada. The Applicant, Edgar Schmidt, a former Department of Justice lawyer, sued the government in 2012. The lawsuit alleges that the Minister of Justice was failing to live up to his responsibilities under s. 4.1 of the Department of Justice Act and s. 3 of the Canadian Bill of Rights to vet all regulations and government bills tabled or presented by a cabinet minister in the House of Commons, and report any inconsistencies with the Canadian Charter of Rights and Freedoms or Canadian Bill of Rights.

David Yazbeck is representing Mr. Schmidt in the Federal Court case.

On March 11, 2015, Andrew Astritis presented a lecture to a class of third year students in Carleton University’s Legal Studies program on Human Rights and Employment Law. The lecture provided a broad introduction to the protections provided by human rights legislation in the employment context, including the obligations on employers to accommodate employees to the point of undue hardship.

On February 19th, 2015, RavenLaw Articling student, Taylor Akin, joined the Ottawa Rape Crisis Centre’s Board of Directors. The ORCC provides support and counseling to women who are survivors of sexual violence. Taylor has been interested in violence against women initiatives since her undergraduate degree and had the opportunity to take classes on gender-based violence in law school. After a year of volunteering with the ORCC, Taylor is very pleased to be the newest member of the Board.

Oftentimes, employees will chafe when they are asked to sign confidentiality agreements limiting their ability to talk about a settlement reached regarding the termination of their employment. Many employees feel (perhaps rightly) that doing so allows the employer to avoid a public shaming for its behavior.  In the end, most employers insist upon confidentiality as one of the terms of the settlement, and they regularly include recourse for themselves if there is a breach of those terms. Recently an arbitrator and the Divisional Court in Ontario confirmed the importance of complying with the obligations in a settlement agreement.

In her book, Out of the Blue, Jan Wong chronicles her experience with workplace depression. Topics canvassed in the book include her struggle to obtain disability benefits, the termination of her employment and, ultimately, her recovery.  After a protracted dispute, Ms. Wong’s union succeeded in securing six months of sick-leave pay and a sizeable lump sum payment, equivalent to two years’ wages.  In exchange, Ms. Wong signed an agreement imposing certain obligations on her, including the obligation “not to disclose the terms of this settlement.”

The employer argued that, with the publication of Out of the Blue, Ms. Wong breached the confidentiality agreement. In her book, Ms. Wong disclosed that her employer paid her “a pile of money to go away”. She also wrote about receiving a “big fat cheque” and having a “vastly swollen bank account.” The employer brought the matter back in front of an Arbitrator, who concluded that Ms. Wong breached the conditions of settlement. She was therefore ordered to repay the settlement monies to her employer.

Ms. Wong applied for judicial review of the Arbitrator’s decision, but her application was recently dismissed by the Ontario Divisional Court in Wong v The Globe and Mail, 2014 ONSC 6372 . The Court stated, “The deal under the [settlement agreement] was clear. The Globe and Mail was to pay a large lump sum and the applicant was to stay quiet about the payment.” Justice Nordheimer concluded: “I cannot find any fault in the Arbitrator’s conclusion…in fact, it is hard to see how the Arbitrator could have concluded otherwise.”

The decisions of the Arbitrator and the Divisional Court offer an important lesson to any employee entering a settlement regarding the termination of their employment or a similar legal issue: when signing a settlement agreement, ensure you fully understand your continuing obligations, including an obligation to keep the terms of the settlement confidential. If you are considering a settlement or a severance offer, you should review its terms carefully with an employment lawyer to ensure you know your obligations, and the consequences of breaching those obligations.

[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]