Court dates scheduled for sick leave injunction

August 21, 2015

PSAC’s request to the courts to stop the government from implementing its new sick leave plan will go before the court in October.

After consulting with the parties, the Ontario Superior Court has set out a timetable for both sides to present their arguments. The parties will exchange documents in September and October, with a court hearing to be held on October 29.

The court also said that if the government intends to implement the changes before the October hearing, it must give 5 days’ notice.

“We’re pleased that the court is moving as quickly as possible to hear our injunction motion”, said Robyn Benson, PSAC National President.

“We’re also pleased to see the court direct the government to provide advance notice if they intend to proceed with changes to current sick leave provisions before our motion is heard. This will give the court the opportunity to move up the hearing date if necessary.  The Conservatives last budget implementation act was a direct assault on our members’ constitutional right to free collective bargaining and it needs to stop,” said Benson.

On August 10, the union filed a notice of motion with the Ontario Superior Court requesting an injunction against the sections of the 2015 budget legislation that allow Treasury Board to take sick leave provisions out of the collective bargaining process. That request was to ensure that no unilateral changes are made by the government while we are going ahead with our challenge to the legislation.

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