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Ontario Secondary School Teachers’ Federation v. The Brant Haldimand Norfolk Catholic District School Board, 2014 ONSC 1657

Oct 10, 2014

Karen Ensslen was co-counsel to OSSTF in this case, where the Divisional Court found the employer liable for failing to enrol a 31-year employee in the pension plan.  The Divisional Court held that the decision of the board of arbitration was unreasonable, since the board’s conclusion that the grievance was barred by laches depended on the purported waiver by the grievor of his right to participate in the pension plan, when participation in the plan was mandatory and there was no option to waive membership or elect not to participate in the plan.

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