Human Resources Law

Issues of labour and employment law in the area of education have unique characteristics. These issues must be approached taking into account a number of acts and regulations, including:

• Education Act and its Regulations;
• Human Rights Code;
• School Boards and Teachers Collective Negotiations Act;
• Labour Relations Act;
• Ontario College of Teachers Act;
• Municipal Freedom of Information and Protection of Privacy Act;
• Pay Equity Act; and
• Workplace Safety and Insurance Act

A number of issues can have an impact on the rights of students and their parents.

Legal advisors of school boards must be aware of these rights and, ideally, should be well versed in criminal law and family law. Also, a sound knowledge of a school board’s constitutional rights under the Canadian Charter of Rights and Freedoms is essential.

Emond Harnden has established a large practice in the field of education. We provide legal services to school boards, community colleges and universities. Thanks to our clients, we have acquired a solid background on collective agreements and policies and procedures in this area, and we are very well informed on issues specific to the educational sector.

The firm’s activities has enabled it to acquire considerable expertise in the provision of legal advice on the application of the Education Act and its regulations. In particular, we have drafted legal opinions on issues raised by the amendments in Bills 104, 160 and 80.

The firm has acted in judicial and arbitration cases dealing with the interpretation of collective agreements in the context of the requirements of the Education Act, the School Boards and Teachers Collective Negotiations Act and the Canadian Charter of Rights and Freedoms

We are often asked to provide legal opinions on the duties of organisations under the Municipal Freedom of Information and Protection of Privacy Act and the Freedom of Information and Protection of Privacy Act. Recently, we have advised clients on the implications of the Personal Information Protection and Electronic Documents Act.

Also, Emond Harnden has provided legal representation and legal advice to school boards in the following areas:

• negotiation of collective agreements;
• interpretation of collective agreement provisions;
• defence of the rights, policies or by-laws of school boards;
• defence of the interests of school boards with respect to binding collective agreements; and
• legal representation of the interests of school boards before the Ontario College of Teachers.