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Support Staff Newsletter - June 2007
CUPE LOCAL 2512 EXECUTIVE MEMBERS 2007- 2009
thMembers were elected on June 5 2007 at CUPE General Meeting
President - Anne Schlitt Vice President - Susan Helm Recording Secretary - Neil Jensen Secretary-Treasurer - Leanne Husk Chief Steward - Gaynell Dowling Clerical Steward - Melissa Resmer Technical Steward - Mechelle O’Hagan Health & Safety Rep - Linda Kennedy Elementary EA Steward - Joanne Delaney-Fraser
Secondary EA & Child & Youth Care Workers - Maureen Hutter
at-Arms - Elaine Shea Sergeant–
Elected Representatives & Committee Members:
District Council - Marie O’Brien
Social - Lyn Spiewak
Technological Change - Neil Jensen
Trustee (2007 - 2010) Lyn Spiewak
WSIB rep - Linda Kennedy
(WSIB committee Members) Kathi Vogel, Gaynell Dowling
Positions to be filled:-
Technological Change (1 position)
Also, we are still in need of additional committee members for Social Committee,
Health & Safety, WSIB and a United Way representative. Please contact any Executive member if you’re interested.
“Nobody can make you feel inferior without your consent”
Collecting UI Benefits
In many school boards, workers who work directly with children are employed only during the months that the students attend school and tend to be 10 month employees. Unlike teachers, who often work for ten months but are paid for twelve, school board workers are only paid for ten months and are laid off for the summer months and during the Christmas and March Breaks. Many school board employees have traditionally applied for and received UI benefits during these interruptions in earnings.
Things you may or may not know about collecting UI:
; Your employer must issue a Record of Employment (ROE) within five days of your last
day worked. It is important to know that you can apply for UI before you receive your
Record of Employment. Waiting for your ROE can cause unnecessary delays in your
; When you start your claim you have a two week waiting period before benefits are paid
; You only have one waiting period of two weeks for every 52 weeks worked.
; Most claimants will receive the basic benefit rates of 55% of their average insured
; You risk a stiff penalty if you knowingly make false or fraudulent statements on your UI
claims. Depending on your individual circumstances, you could be penalized up to three
times your weekly benefit rate. If you do make a mistake, a call to your local UI office to
explain your mistake will help.
Taken from The UI Road Map – OSBCC 2007 - How to Navigate the Unemployment System
Submitted by Elaine Shea
End to Mandatory Retirement
Mandatory Retirement ended on December 12, 2006. Previous to this date
employers required employees to retire at age 65; there were a few exceptions.
The New Law is Bill 211. Some important points to know:
Protection against Age Discrimination
; Ontario Human Rights Code has been amended to prohibit mandatory
retirement. You no longer are required to stop work at age 65 except in
those cases where it could be justified for bona fide occupational
Bona Fide means: an employment requirement that is necessary because of
the nature of the employment. It is discriminatory on certain grounds, including age. This discrimination is allowed under the Ontario Human Rights
Code if the nature of the employment is dependent on a particular condition.
The employer must establish:
1. That the employer adopted the requirement for a purpose rationally
connected to the performance of the job.
2. That the employer adopted the requirement in an honest and good faith belief that it was necessary to the fulfillment of that legitimate work-related purpose
3. That the requirement is reasonably necessary to the accomplishment of that legitimate work-related purpose. It must be demonstrated that it is impossible to accommodate individual employees without imposing undue hardship on the employer.
; Will no longer be permitted to include provisions requiring mandatory
retirement, except where there is a bona fide requirement
; Unions and employers can negotiate early retirement incentives. ; Existing mandatory retirement in collective agreements will no longer be
; Employers may not discriminate on the basis of age providing benefits to
employees aged 18 to 65. Employers do not have to provide benefits to
any employees after age 65.
; Employers are allowed to provide benefits past 65. However, it is very
cost prohibitive. Many employers are encouraging employees to use the
Ontario Drug Benefit Plan after age 65.
; If an employee is terminated by the employer for reasons other than age,
he/she is entitled to the same notice of termination or pay-in-lieu that
younger employees receive unless termination is due to bona fide
; The End of Mandatory Retirement does not mean that employers are
required to allow an individual to work until he/she volunteers to retire.
Employers will be able to terminate employees under the Just Cause
provision in Collective Agreements. The employer can establish
reasonable standards of performance which all employees would be
expected to meet at any age.
Duty to Accommodate
; The extant to which an employer will be required to accommodate the
older worker is likely to be a source of much litigation. Where a worker’s
physical or mental capabilities are an issue, there may be a question as to
whether the declining capability constitutes a disability or is simply
related to aging.
The Human Rights Code defines disability as:
; Any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect, or illness. It
includes diabetes, epilepsy, a brain injury, paralysis, amputation, lack of
physical coordination, visual impairment and hearing impairment, speech
impediment, need for a guide dog, wheelchair, or other device, learning
disability, mental disorder, injury of disability for which benefits were
claimed or received under the WSIB.
; Therefore, a declining physical capability due to age would not be a
disability. Other examples of declining age related abilities would include
eye sight, hearing, strength and ability to recover from illness or injury.
; However, the law states that an employer must accommodate to the point
of undue hardship.
; In another province the Supreme Court offered a list of factors to
consider—financial cost, impact on Collective Agreement, employee
morale, interchangeability of workforce and facilities, size of employer
operations, and safety.
; This is a very complex issue and will need court trials to clear up the
Workplace Insurance (WSIB)
; Entitlements do not change. This means that injured workers will only
receive workplace injury benefits until age 65. If injured after 65, there
are no benefits.
Long Term Disability
; At this time there are no changes to LTD. Therefore, LTD stops at age 65.
There are no changes to Employment Insurance. Therefore, there is no EI after age 65.
The above information is to bring an awareness of the End of Mandatory Retirement to Cupe Local 2512 members. This is not a complete Government document as per Bill 211. The information was received by me through a workshop at OSBCC 2007 and through research of government websites. The writer of this information does not purport to be an expert on this subject.
Submitted by Linda Kennedy
CUPE Health & Safety Rep
ENJOY A FUN-FILLED, SAFE AND RELAXING SUMMER
WITH YOUR FAMILY & FRIENDS!