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ARTICLE · 21 MARCH 2020

Layoff Out Of Seniority Order Not Permitted Where Teacher Meets OCT Qualification

Borden Ladner Gervais LLP
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In Keewatin-Patricia District School Board v. Ontario Secondary School Teachers' Federation, 2019 ONSC 7102, the Ontario Divisional Court dismissed an application for judicial review of ...

CanadaEmployment and HR
Madeeha Hashmi
Madeeha Hashmi
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In Keewatin-Patricia District School Board v. Ontario Secondary School Teachers' Federation, 2019 ONSC 7102, the Ontario Divisional Court dismissed an application for judicial review of Arbitrator Michael Lynk's decision upholding the grievance of a teacher alleging that she was laid off out of seniority order. The court rejected the Keewatin-Patricia District School Board's (the Board) position that the arbitration award was unreasonable because it misapprehended the Board's obligation to provide the "best possible educational program" as stipulated in subsection 19(1) of Regulation 298 under the Education Act.

Facts

Due to declining enrollment following the 2012-2013 academic year, the Board was required to reduce six full-time positions at Beaver Brae Secondary School (Beaver Brae or the School) for the 2013-2014 year. In making its decisions about who to lay off, the Board retained Kim Remus (Ms. Remus), a junior teacher, over Karen Edwards (Ms. Edwards), a

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