In March 2021, the Ontario Labour Relations Board (the Board) ruled that FDM Group, could not charge their former employees a $30,000 fee arising from job-training costs for ending their contract during the two-year commitment period. The Board found that the $30,000 charge constituted a fee within the meaning of the Employment Standards Act, which prohibits temporary help agencies from charging workers a fee in connection with them becoming an employee of the agency and in connection with them being assigned work through the agency. The Board held that charge was illegal and ordered FDM to remove provisions enforcing the fee from its agreements.  

The four former FDM employees represented by Parkdale Community legal Services (PCLS) and Downtown Legal Services (DLS) were happy with this victory, not only for themselves, but for other workers at FDM and temporary help agencies. 

If only that was the end of the story. 

PCLS and DLS have heard from recent employees of FDM that their current contracts, contain a similar prohibited fee, in direct contradiction of the Board’s order.  

This cannot continue.  

If you are/were an employee of FDM (or another temporary help agency) whose contract contains a prohibited fee for training, PCLS and DLS want to hear from you. See PCLS and DLS contact information below: 

Jennifer Fehr 
Supervising Lawyer, Employment Law Division 
Downtown Legal Services 
jennifer.fehr@utoronto.ca, (416)934-4535  

John No 
Staff Lawyer, Workers’ Rights Division 
Parkdale Community Legal Services 
noj@lao.on.ca, (416) 531-2411, ext. 227 

By Sukhmani Virdi, Caseworker in Employment Law & Academic Appeal Division

             Are you trying to plan your life without knowing when to work, for how long and no real ability to turn down work?  Are you bummed because your shift was canceled the night before? Are you trying to balance courses and a job, unable to know when you have time to complete school work because your boss still hasn’t made the schedule? Is it making you uneasy not knowing what your day will look like three days from now? If so, you are not alone. These are the realities for many of the almost 44 percent of people in the Greater Toronto and Hamilton Area who work in precarious jobs.[1]

            Irregular or short notice scheduling impacts more than just a person’s work, it defines their life. The Economic Policy Institute found that workers with irregular schedules experience greater work-family conflict than those with regular, standard schedules.[2] Other studies have demonstrated that workers in precarious employment are less likely to invest in their children (less volunteering at their child’s ).[3] In addition, these workers are more likely to experience poor health[4] as they are less likely to engage in preventative care. After all, who can afford to go to a doctor’s appointment when they might be called in to work?

            Employers argue that they need flexibility to schedule and cancel shifts last minute to respond to business needs otherwise they lose money. However, when workers do not know when they are working, or are trying to balance multiple part-time jobs, they are not ready to work at a moment’s notice – and employers are still left scrambling. By giving workers some notice, they give workers an opportunity to plan and to be reliable.  Reliable employees prevent a business from being short-staffed in busy periods or missing sales. In a 2015 pilot project, Gap implemented two key practices to support stable scheduling in their US workplaces: (1) schedules were posted two weeks in advance; (2) on-call shifts were eliminated. After eight months, Gap saw a median increase of 7% in their sales.[5] By posting schedules even just a few days in advance, employers are giving workers a sense of security and when workers feel secure, they stay in their positions, and employers avoid turnover and overhead costs.  

            For a short period, it looked like workers in Ontario were going to get some security in scheduling.  Starting this January workers were to have the right to (1) refuse a request to work with less than 96 hours’ notice; (2) be paid for 3 hours if their scheduled or on-call shift was cancelled within 48 hours’ of the start time.  But in November 2018, before these modest steps could come into effect, the Ford Government axed them without any consultation or substitution. Can Ontario really be “open for business” when no one knows when to come ?

[1] Poverty and Employment Precarity in Southern Ontario (May 2015) The Precarity Penalty: The Impact of Employment Precarity on Individuals, Households and Communities – and what to do about it. Online: https://www.unitedwaygt.org/file/Precarity-Penalty-ExecSummary.pdf, 3.

[2] Economic Policy Institute (2015) Irregular Work Scheduling and its Consequences. EPI Briefing Paper #394. 2015. https://www.epi.org/publication/irregular-work-scheduling-and-its-consequences/, 2.

[3] Poverty and Employment Precarity in Southern Ontario, 13.

[4] Poverty and Employment Precarity in Southern Ontario, 9.

[5] Joan Williams et al. Stable Scheduling Increases Productivity and Sales. Online: http://worklifelaw.org/publications/Stable-Scheduling-Study-Report.pdf, 6-7.

 Thank you to 1L DLS volunteers Arjun Gandhi and Sara Bolourchian for putting together these questions to assist students in understanding the University Mandated Leave of Absence Policy.  The information contained here is taken from the University Mandated Leave of Absence Policy.  

1. What is the University Mandated Leave of Absence Policy?  

The University Mandated Leave of Absence Policy (“MLOA”) is a relatively new policy passed by the University of Toronto Governing Council on June 27, 2018.  The policy creates a process through which the University can place a student on an involuntary leave of absence from the University. The policy is not intended to be disciplinary and is meant as a last resort in infrequent circumstances where the student is experiencing a mental health crisis or a similar issue and has declined to participate in any of the accommodative services made available to them, or where accommodations have not been successful.  

2. Who is covered by the MLOA? 

 The MLOA applies to all part-time and full-time students at the University of Toronto including students with a valid student card who are in-between sessions.  

 3. Under what circumstances does the University consider the MLOA? 

There are two scenarios where a student’s behaviour may trigger consideration for MLOA. 

(1) The student poses a physical or psychological harm to themselves or to others.  

(2)The student is unable to engage in the activities required to pursue an education at the University even after accommodations have been offered/pursued.  (To be clear, this does not mean that being academically unsuccesful by itself triggers the policy) 

4. How will I know if I am being considered for a MLOA? 

The Student Case Manager (SCM) assigned to your case will notify you in writing that the Vice-Provost is considering whether you fall under the policy. You will be given an opportunity to discuss this with the SCM.   

5. Who is the Student Case Manager (SCM)?  

If the Vice-Provost is considering a MLOA, you will be assigned a SCM. The SCM acts as a liaison between you and the Vice-Provost, as well as with other staff engaged in exploring accommodations. The SCM also supports staff providing advice on terms and conditions of any leave. 

6. I have asked for an accommodation which the university has refused and now they are considering me for a MLOA. Is that allowed? 

The Vice Provost is not to place a student on a MLOA unless reasonable efforts have been made to enable the student to continue in their studies with accommodations and either those efforts have not been successful or the student has not participated or cooperated with the offered accommodations. 

The SCM should explore accommodations as an alternative to the MLOA in consultation with you, the Vice-Provost, and the Student Support Team.  

7. What is the Student Support Team? 

The Student Support Team (SST) is a team of multi-disciplinary experts established by the Vice-Provost. The team may include student service representatives, registrar personnel, medical professionals, academic administrators, equity officers, campus safety personnel, and others. The team is supposed to assist in giving a nuanced and comprehensive analysis of the student’s needs.  

8. Once I am notified that I am being considered for an MLAO what options do I have? 

Just because you are being considered for a MLOA does not mean that you will be placed on one.  If there are accommodations that would assist you that are not yet in place, these should be considered before any MLOA is imposed.  As a result, you should make the SCM and SST aware of any potential accommodations that you may require.  

Also, at any time during the process, you will be given the option of taking a voluntary leave of absence. The terms and conditions of the voluntary leave of absence will be recommended by the Vice-Provost after consultation with the SST and SCM. You may submit comments in response to the recommended terms and conditions. 

9. How long does the leave last? 

It depends. The duration of the leave is different in each case and will be determined by the Vice-Provost in consultation with the SCM, SST, and the student.   

10. How does the leave of absence affect my finances (tuition, scholarships)? 

It depends. Arrangements may be made for the reimbursement of tuition and for changes to the status of awards and scholarships.  This is a matter that must be considered as part of the MLOA. Speak to your SCM and SST. 

11. Will the MLOA affect me academically? 

The MLOA will not be noted on your transcript. Where appropriate, academic credit will be awarded for any academic work or research already completed. This is a matter that must be considered as part of the MLOA. Speak to your SCM and SST. 

12. Can I still be on campus after the leave has come into effect? 

It depends. Terms and conditions of the MLOA may include a limitation to your access to university premises. You may also be required to temporarily cease your co-curricular involvements on campus while the leave is in effect.  This is a matter that must be considered as part of the MLOA. Speak to your SCM and SST.  

13. I live in student housing, what happens if I am placed on a MLOA? 

It depends. Consideration must be given to a student’s housing situation where it could be affected by an MLOA. Where appropriate, terms and conditions of the MLOA may include relocating you to transitional housing. Speak to your SCM and SST. 

14. Will my personal information be kept confidential? 

Information regarding the process will remain strictly confidential. Any disclosure of your information should only occur if there are serious safety concerns, in which case, only the necessary officials should be notified.   

15. What do I do if I don’t like the terms and conditions of the MLOA proposed by the Vice-Provost? 

Terms and conditions are determined on a case by case basis and are supposed to address the specific behaviour and needs of the student. Prior to imposing the MLOA, the Vice Provost must provide the student with the circumstances giving rise to the decision to place a student on a MLOA, the process followed to arrive at the decision, and terms and conditions of the leave.  The student will have an opportunity to provide other relevant information prior to any final decision. 

In addition, you can speak to your SCM and SST to express your concerns before the MLOA is imposed.  

If you are still not satisfied with the terms and conditions when they are imposed, you can request a review by the Provost. 

16. I’ve been placed on MLOA, and I do not agree with it. What do I do? 

Within 10 business days of the Vice-Provost’s decision to place you on a MLOA, you may submit a written request to the Provost to review the decision.  

The Provost will respond in writing within 10 business days to this request. 

17. What does a written request to review the Vice Provost Decision look like? 

The letter should set out the reasons the MLOA should not be imposed and/or requested changes to the terms and conditions.  Any supporting information should be included (ie. professor letter, medical notes).  The tone of the letter should be respectful and it should be edited to be free of grammatical errors or typos. 

18. I am over the 10 day time limit to apply for a review, what do I do? 

The Provost may extend the time limit for you to request a review in certain circumstances. In your letter, include any extenuating circumstances that prevented you from requesting a review earlier.  

19. The Provost agreed with the Vice Provost to impose a MLOA.  What do I do now? 

You can appeal the Provost’s decision to the University Tribunal. You must submit a written notice of appeal within 20 days of the Provost’s decision.  

20.  Will there be a hearing? Is the University Tribunal’s decision final? 

Yes, the Senior Chair or Associate Chair will hear the appeal and their decision is final.  

21. When my leave of absence is over, can I automatically return to the University? 

 When your voluntary or mandated leave of absence terminates, you must apply in writing to the Vice-Provost in order to return to your studies.  

In addition, under the policy,  the Vice-Provost has the discretion to request an external medical assessment before allowing a student’s return. The Vice-Provost can extend the leave of absence if they feel the terms and conditions of the MLOA have not sufficiently been met.  

22. What does that letter requesting to return to studies at the University look like? 

It depends on the initial reasons for the MLOA so every situation will be different.  The letter could have updated medical information and/or an opinion from your treating health professional.  

23. The University has requested medical documents and/or that I undergo expert assessments prior to my return. What do I do? 

If the University requests medical documents or medical assessments, they will be responsible for reimbursing the costs. Any medical information given to the University will remain confidential.  Any medical information requested should be related to the reasons underlying the leave. If you still feel uncomfortable with complying with the request, you can seek independent legal advice.  

24. The Vice Provost has refused my return to University and extended my MLOA.  What do I do? 

You may have that decision reviewed and appealed using the same process as described in paragraphs 16–20. 

25. I was placed on a MLOA without any prior notification or process. Is that allowed? 

In cases where a student’s behaviour is violent or poses a serious threat, an urgent MLOA can be immediately invoked for up to five business days without following the standard procedure. Where this is the case, you still have the opportunity to respond.  You can also request a review and appeal of this decision according to paragraphs 16-20. 

26.Can I seek legal advice? 

At any point during the process, you may seek independent legal advice. 

27. Can I get help from Downtown Legal Services (DLS)? 

If you are appealing the Provost’s decision to the University Tribunal, you can contact Downtown Legal Services (DLS) for legal advice and we may be able to represent you to the University Tribunal.  

28.Do I have to pay for DLS services? 

DLS’s services will be free of charge provided that you have not opted-out of these levied services.  

29.How do I contact DLS to ask for assistance? 

Call our intake line at 416-978-6447.  Our trained students will confirm whether you are eligible for our services and you will be referred for an in person intake meeting to determine whether and/or how we can assist you. 

By Lauren Wildgoose (Student in Employment Law Division)

We don’t want employers to pay employees less because of something as arbitrary as their sex or their race. So why would we let them do it because they work part time? As it turns out, the recent changes to the Employment Standards Act (ESA) through Bill 47 might actually let employers do both.[1]

Previous changes to the ESA prevented employers from paying part-time workers (or casual, seasonal, or temporary employees) less than their full-time counterparts for doing “substantially the same work”. However, Bill 47, passed in November 2018, revoked this modest protection.

The concentration of vulnerable populations in part-time work means that in practice, the removal of this protection will unfairly target women, racialized minorities, and recent immigrants.

Just look at the numbers:

• In 2015, two thirds of part-time employees were women. [2]
• In 2008, recent immigrants were 16% of the part-time workforce but only 10% of the total workforce.[3]
• In 2014, white men were 27% more likely to be employed full-time (and permanently) than racialized men.[4]
• In 2014, white women were 18% more likely to be employed full time than racialized women.[5]

Because of this distribution of women, racialized minorities and recent immigrants in the part-time workforce, the revocation of “equal pay for equal work,” based on employment status, arguably constitutes adverse effects discrimination against these groups. Adverse effects discrimination happens where the government enacts a law that seems neutral and applies to everyone, but disproportionately imposes a burden on certain groups defined by gender, place of origin, or other protected grounds.[6]

At its root, the revocation of the equal pay for equal work provisions allows employers to pay employees less based on a characteristic that has no connection to the employee’s merit, and no other rational justification.

Some employers might object, arguing that the revocation of the equal pay for equal work provision has nothing to do with race or gender; lawmakers were simply trying to preserve employers’ flexibility to pay people differently according to the needs of their business.

However, adverse effects discrimination need not be deliberate; the law just needs to have a disproportionate impact on a protected group. While the intention of the revocation may not be to discriminate against women, racialized minorities and recent immigrants, the effect of the law is to impose on them a very real burden that the whiter, more male-dominated, full-time workforce, does not have to face.

Furthermore, the ESA already contained exceptions to “equal pay for equal work” for reasons of seniority, merit, or any other factor apart from sex and employment status [emphasis added]. This means that if an employer had a valid reason for paying a part-time employee less than a full-timer, like the fact that they have been there longer or have additional responsibilities, they were already entitled to do so.

The revocation of equal pay for equal work through Bill 47 does more than just discriminate against people on the basis of employment status. It singles out some of our society’s more vulnerable and condones putting a lower price on the work they do.

[1] Michael Mitchell and John Murray (2017) Changing Workplaces Review: Agenda for Workplace Rights,
Final Report at 178, online: https://files.ontario.ca/books/mol_changing_workplace_report_eng_2_0.pdf p. 177; Parkdale Community Legal Services and Workers’ Action Centre, “Making Ontario Open for Business Act: Submission to the Standing Committee on Finance and Economic Affairs Review of Bill 47” (November 2018) at 12, online: http://workersactioncentre.org/wpcontent/uploads/2018/11/Policy_papers_WAC__PCLS_submission_to_the_Standing_Committee_re_Bill_47_file.pdf.  

[2] Statistics Canada, CANSIM Table 282-0008 – Labour Force Survey Estimates, by North American Industry Classification System, Sex and Age Group (Ottawa: Statistics Canada, 2016) as cited in Michael Mitchell and John Murray, (May 2017) at 178.

[3] Andrea M. Noack and Leah F. Vosko, Precarious Jobs in Ontario: Mapping Dimensions of Labour Market Insecurity by Workers’ Social Location and Context (Toronto: Law Commission of Ontario, 2011) Online: http://www.lco-cdo.org/wp-content/uploads/2012/01/ vulnerable-workers-call-for-papers-noack-vosko.pdf as cited in Michael Mitchell and John Murray (2017) at 178.

[4] Walter Lewchuk, Michelynn Laflèche et al., The Precarity Penalty: The Impact of employment Precarity on individuals, households and communities – Executive Summary (May 2015) at 7.

[5] Ibid at 7.

[6] Ontario Human Rights Commission v. Simpsons‑Sears Ltd. qtd in Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624 at 63, 151 DLR (4th) 577.

[7] Supra note 4 at 6.

[8] Ibid at 3.

Starting to feel the heat of end of term papers and looming exams?  You are not alone.  Check out these links for campus specific resources available to students.

St. George Campus Resources and Workshops

• Meet with a Learning Strategist – “All students can meet with a Learning Strategist for individualized support.”[1]
• Exam Prep Series – “short, focused discussions with a Learning Strategist about the exam skills that matter to you and your discipline”[2]
• Preparing for Exams & Managing Exam Anxiety – “In this interactive workshop, we will discuss anxiety and stress management techniques and will introduce students to resources that are available around campus”[3]
• Staying Resilient & Managing Stress Through End of Term – “This workshop will return to the topic of resiliency and stress, exploring the ways that strategies for building resiliency can be used by students at times of acute academic pressure”[4]
• Study Hubs – “quiet study time for students to work on whatever they have to do”[5]
• Graduate Writing Groups – “Are you a graduate student determined to write and defend your dissertation before your funding package expires? Do you find it difficult to maintain a consistent writing schedule? Would you like to commit to writing regularly? Join a community of peers who share your experience and can help keep you accountable.”[6]

Health and Wellness Services and Workshops

• Health & Wellness Centre – “The Health & Wellness Centre provides the same services as your family physician”[7]
• Better Breath – “Feeling too busy to manage stress effectively as a university student? Come learn about the benefits of restorative breath, try new techniques for relaxation such as muscle tension reduction and learn new tips for taking time to pause and recharge.”[8]
• Better Coping Skills – “If you’re having trouble coping with the demands of university life – or even regular everyday situations – this series of workshops can help you build the skills you need to thrive.”[9]
• Better Sleep – “Feeling too busy or stressed as a university student to sleep properly? Come learn about what you can do to improve your sleep and feel more rested and refreshed.”[10]
• Mindful Eating: Food and Mood – “a mindful exploration of healthy eating and how our relationship with food can affect our mood.”[11]
• Mindful Moments: Meditation & Yoga “weekly opportunities Mondays through Fridays to practise secular mindful meditation techniques that will increase your relaxation and focus”[12]

UTM Resources and Workshops

• Undergraduate Advising – “provides a full range of individual consultations, workshops, and programs to help students”[13]
• Writing & Study Skills Drop-in Hours – “Suitable for help with specific questions about essays, written assignments, and study skills.”[14]
• Math Skills Drop-in Hours – Suitable for help with foundational mathematical skills, including pre-calculus, descriptive statistics, and logic (including “just in time” support the day before an assignment is due, or as a longer-term form of support to improve your general understanding of math)” [15]
• English Language Learner Support – “For UTM students who speaks English as a second (or third or fourth!) language [16]
• Advising Appointments for Graduate Students – “U of T graduate students can meet one-one-one in person at the RGASC with our Professional and Graduate Skills Specialist” [17]
• Workshops for Graduate Students – “We offer our workshops on demand, so you and your lab mates can request a particular workshop”[18]

UTSC Resources and Workshops

• Academic Advising – Meet with an Academic & Learning Strategist[19]

• Upgrade Your Study Strategies! –“ Feel like your study skills need a little “upgrading”? Hoping to improve your grades, but not sure where to start?”[20]
• Time Management – “Participants will learn how to plan for busy periods in the academic year and adapt their schedules accordingly” [21]
• Study Smarter not Harder Part I – “Attend this session to get into academic shape! Topics covered in this session include: time management, reading, note taking”[22]
• Study Smarter not Harder Part II – “Attend this session to get into academic shape! Topics covered in this session include test preparation and test format, memory and Concentration, reducing procrastination & increasing motivation”[23]
• Going From B to an A – “Do you want to boost your grades from B’s to A’s, but you’re not sure how?”[24]

• Other UTSC-Specific Tip-Sheets[25]
  • Multiple Choice Tests and Exams
  • Procrastination
  • Test Preparation
  • Test Writing

General External Services:

• Good2Talk Student Helpline: 1-866-925-5454
• Mental Health Helpline: 1-866-531-2600
• Assaulted Women’s Helpline: 416-863-0511
• Telehealth Ontario: 1-866-797-0000

What is unauthorized aid?

• Generally speaking, unauthorized aid refers to any means of obtaining information or potential source of information that is not allowed in the course of your academic work.
• Possession or use of unauthorized aid can occur in an exam, test, quiz, assignment or other form of academic work. So be aware of unauthorized aid at all stages of your academic career.
• Examples of Unauthorized Aid:
• Having your cell phone on you during an exam or test
• Having books or notes on your desk during an exam or test, unless allowed by the exam, such as in an open book exam
• Having a calculator or dictionary on your during an exam or test, unless allowed by the exam
• Copying someone else’s answers
• Working too closely with other students on an assignment so that the end result is no longer your own work
• Having an unauthorized aid on you is sufficient to constitute an academic offence, even if you do not use it.
• Helping others by offering unauthorized aid or assistance is also an academic offence.

Tips for avoiding authorized aid:

• Don’t keep your phone or other unauthorized electronic devices in your pockets. In fact, you may want to empty your pockets.
• Only have the items you need to write the exam on your desk. Place all other belongings at the front or back of the exam room, or as instructed.
• Only write on the scantron, booklet or scratch paper provided. Don’t use your own scratch paper or write on the desk.
• Avoid looking around the room during an exam.
• Don’t talk to your neighbours or even to yourself during an exam.
• If you have questions, raise your hand and ask the invigilator or teaching assistant.
• If you need to use the washroom during an exam, don’t talk to other students or check your cell phone even when you are outside the exam room.
• Stop writing immediately when the exam is over.
• Know the rules:
• For assignments, read the course syllabus and relevant information provided concerning the assignment;
• For exams and tests, read the instructions and warnings, usually on the cover page of your exam booklet;
• In any circumstance, listen and read carefully and follow instructions.
• Don’t work with other students on an assignment unless the professor has specifically authorized you to do so
• Protect your own academic work.
• Don’t share your assignment with other students for “reference” or “inspiration”;
• Don’t write in unnecessarily large letters or place your exam paper in a way that others can easily see your answers.

When in doubt:

• Ask for clarification!
• You can ask your course instructors and college registrars and refer to other University resources if you have any questions about unauthorized aid or academic integrity in general.
• For more detailed information online, you can check out the Academic Integrity page of the University website at https://www.academicintegrity.utoronto.ca/

The best way to avoid getting caught for plagiarism….…is to avoid doing it!  Here are some tips from DLS University Affairs Division Student Caseworkers on avoiding plagiarism.

• Review the Code of Behaviour on Academic Behaviour
• Read your syllabus
• Give credit for words and ideas – If an idea is not common knowledge, it needs to be cited
• Keep thorough notes when conducting research – This will help prevent accidently thinking that you came up with an idea by yourself
• Even if you are borrowing from your own work, you need to cite your source
• Correctly identify your sources – If you read Source A, but it cites Source B, ensure you read Source B before you cite it
• If you can’t find the original source, cite the secondary source as citing the original
• Its better to over-cite than to under-cite
• Classes use different citation guidelines – Look up the rules for the correct format and follow them
• A bibliography is not sufficient, you need to cite the idea in the text – Some formats use footnotes, others use in-text citations
• Use quotation marks – Its not just for grammar, it lets the reader know that these aren’t your own words
• If you are not quoting, you need to paraphrase – This means more than just using synonyms; you need to put the idea in your own words
• If you have questions, go to the writing centre

When in doubt, ask your professor!

Caregivers Action Centre (CAC) is working in coalition with a broad range of groups to get a repeal of Section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA), which excludes people with certain medical conditions and disabled people from Canada. Section 38(1)(c) allows for an applicant to be rejected if they or their family member “might reasonably be expected to cause excessive demand on health or social services.” For caregivers, this means that if any of their family members has a disability, the caregiver and her entire family is barred from becoming permanent residents here.

If you know a caregiver or any other migrant affected by this issue who is not already connected to the campaign, please put them in touch with the CAC at info@caregiversactioncentre.org or 647-782-6633.

Visit http://migrantrights.ca/en/nodiscrimination/ to sign a petition repealing Section 38.