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Ford government proposal would force senior professors to work for no salary

May 13, 2019

Globe and Mail talks to Simon Archer about the Ford government’s  proposal to block professors’ salaries

The Globe and Mail reports today on the Ford government’s plan to block professors who continue to work beyond traditional retirement age from collecting a salary and pension at the same time. To this end, proposed regulations in the budget bill give the Minister of Training, Colleges and Universities unprecedented power to unilaterally cut the salary of anyone employed at a post-secondary institution who is also drawing a pension.

The Globe notes that the proposed regulations would likely conflict with the provisions of university collective agreements. Simon Archer spoke to the Globe about the legality of the government interfering with collective agreements.

Simon Archer, a Toronto labour lawyer, said in his experience it’s unprecedented for the government to target such a small number of workers to prevent them from collecting a salary and pension. The policy is likely to be challenged on the grounds it violates the Charter right to freedom of association in collective bargaining, he said.

“Is it legal? That is going to be the big question,” Mr. Archer said. “To override collectively bargained rights is a very high threshold.”

Read the entire article.


Simon Archer

Practice Areas

Constitutional Law, Labour Law