September 21, 2019 – Disclosing Student Safety/Transition Plans to the JHSC

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At issue in the grievance was whether the Board had an obligation under the Occupational Health and Safety Act (“OHSA”) and the collective agreement to produce certain records created under the safe school provisions of the Education Act and related regulations to the joint health and safety committee (“JHSC”) or to the health and safety representatives. The Arbitrator held that the Board had to provide the portion of the student safety/transition plans that dealt with risk of workplace violence to the JHSC. The Arbitrator added that the Board could withhold any identifying personal information that was not necessary to complying with its obligations under the OHSA.

DECISION

 

LABOUR RELATIONS

Cupe Local 2559 v Fort Mcmurray Catholic Board of Education2018 CanLII 65238 (AB GAA)
The Arbitrator upheld the discipline issued to an Education Assistant for repeated incidents of lateness despite the fact that in one instance, the Grievor was only two minutes late.

 

HUMAN RIGHTS

DB v Toronto District School Board2018 HRTO 1039

A parent alleged that he was discriminated against on the grounds of race, sex and marital status when the guidance counsellor at his child’s school reported a concern about the child to the Children’s Aid Services. The Human Rights Tribunal found that the Application had no reasonable prospect of success under the Human Rights Code. The Tribunal reiterated that an applicant’s belief, no matter how strongly held, is not evidence upon which it might find that discrimination has occurred.

 

PRIVACY

Newfoundland and Labrador English School District (Re)2018 CanLII 82314 (NL IPC)
The Applicant requested that a School District provide a copy of a settlement agreement and correspondence related to a lawsuit arising from the cancellation of a school bus contract. The School District refused. The Information and Privacy Commissioner concluded that all the records were properly withheld.

 

PROFESSIONAL RESPONSIBILITY

Ontario College of Teachers v Campbell2018 ONOCT 28
The Discipline Committee of the Ontario College of Teachers found that the teacher’s repeated use of excessive or inappropriate physical force and her angry reactions to students warranted a reprimand by her peers. Among other things, the Committee imposed a one-month suspension on the member’s Certificate of Qualification and Registration.

 

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