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Posts Tagged ‘canadian charter of rights and freedoms’

Adoptive mothers not allowed maternity leave

Monday, January 30th, 2012

Under employment standards legislation, birth mothers receive a total of 52 weeks of leave when they combine maternity (17 weeks) and parental leave (35 weeks), and are entitled to receive a total of 50 weeks of EI benefits (15 weeks maternity, 35 weeks parental) for that period. However, the same benefits are not available to adoptive mothers, who only receive 37 weeks of parental leave and 35 weeks of EI benefits. Now a new movement to challenge the law to provide equal EI benefits to adoptive parents is gaining momentum…

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Tags: Adoptive mothers, Adoptive parents, biological mothers, birth mothers, canadian charter of rights and freedoms, discrimination, EI benefits, Employment Insurance, Employment Insurance Act, employment law, Employment Standards legislation, federal court of appeal, maternity leave, maternity leave benefits, parental leave, parental leave benefits, physiological and psychological experience, pregnancy and childbirth, pregnancy leave, Section 15(1) of the Charter, Supreme Court of Canada, Tomasson v. Canada (Attorney General)
Posted in Benefits, Employment Standards, Human Resources, Payroll | Make a Comment »

Supreme Court restricts agricultural workers’ freedom of association

Friday, May 6th, 2011

The Supreme Court of Canada has finally released its decision in Ontario (A.G.) v. Fraser affecting the working lives of agricultural workers in Ontario. The decision demonstrates just how divided opinions are on the question of limiting workers’ freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms, particularly restricting unionization and collective bargaining.

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Tags: Agricultural Employees Protection Act, Agricultural sector, agricultural workers, canadian charter of rights and freedoms, Collective Bargaining, employment law, equality, Farming, Farms, freedom of association, good faith negotiation, Labour Law, labour relations, Labour Relations Act, ontario, Supreme Court of Canada, Unions
Posted in Employment Standards, Human Resources | Make a Comment »

Individual privacy in the workplace – a case precedent

Thursday, March 31st, 2011

On March 22, 2011, the Ontario Court of Appeal rendered a significant judgment concerning the protection of privacy in the workplace. Specifically, the Court determined that an employee had an expectation of privacy when using a laptop made available by the employer on which he was allowed to retain personal information.

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Tags: canadian charter of rights and freedoms, child pornography, computer, conduct and behaviour, criminal code, employee relations, employment law, expectation of privacy, Individual privacy in the workplace, Internet and email use, search warrant, use the laptops for personal use, workplace policies, workplace privacy
Posted in Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Is mandatory retirement really mandatory?

Tuesday, January 18th, 2011

Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on…age.”

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Tags: Air Canada, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter rights, discrimination, employment law, federally regulated industries, forced retirement, mandatory retirement, normal retirement age, retirement policy
Posted in Human Resources, Human Rights | Make a Comment »

Government to appeal ruling over website accessibility for visually impaired

Wednesday, January 12th, 2011

On January 11, 2011, the Treasury Board Secretariat announced that the federal government will file an appeal of a court decision that ordered Ottawa to make all government websites accessible to the blind within 15 months.

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Tags: Accessibility for Ontarians with Disabilities Act, accessibility ruling, Accessibility standards, AODA, blind, canadian charter of rights and freedoms, Donna Jodhan v. Attorney General of Canada, Treasury Board Secretariat, visually impaired, website accessibility
Posted in Accessibility Standards, Standard for Customer Service, Standard for Information and Communications | Make a Comment »

Quebec’s age-based workers’ compensation rule is discriminatory

Tuesday, January 4th, 2011

A Quebec workers’ compensation tribunal has ruled that reducing injured workers’ income replacement benefits at the retirement age of 65 is unconstitutional because it discriminates on the basis of age, contrary to both the Quebec Charter of Human Rights and Freedoms (section 10) and the Canadian Charter of Rights and Freedoms (section 15).

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Tags: Act respecting industrial accidents and occupational diseases, canadian charter of rights and freedoms, canadian employment law, Charter, Charter rights, discrimination based on age, employment law, injured workers’ income replacement benefits, injured workers’ income replacement benefits at the retirement age of 65, older workers, Quebec Charter of Human Rights and Freedoms, WCB benefits, workers compensation, workers’ compensation tribunal
Posted in Health and Safety, Human Resources | Make a Comment »

Judge orders federal government to make websites accessible to the blind

Wednesday, December 1st, 2010

In Donna Jodhan v. Attorney General of Canada, a recent significant accessibility ruling, a Federal Court judge has ordered Ottawa to make all of the government websites accessible to the blind within 15 months.

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Tags: Accessibility for Ontarians with Disabilities Act, accessibility ruling, Accessibility standards, AODA, canadian charter of rights and freedoms, CLF 1.0 Standard, customer service standard, Donna Jodhan v. Attorney General of Canada, Physical disability, reasonable accommodation, screen reader, special-needs business consultant, The Internet accessibility standards, visually impaired, Web Content Accessibility Guidelines 1.0 (WCAG 1.0), websites accessible to the blind, World Wide Web Consortium
Posted in Accessibility Standards, Standard for Customer Service, Standard for Information and Communications | Comments Off

Hearings scheduled to decide retirement ages of Air Canada pilots

Friday, August 6th, 2010

Between November 22 and November 25, 2010, the Federal Court of Canada will hold hearings and then decide whether the mandatory retirement age of 60 years should stand for about 3,000 Air Canada pilots.

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Tags: 60 years, age, age of retirement, Air Canada, canadian charter of rights and freedoms, Canadian Human Rights Act, discrimination, equality, Federal Court of Canada, mandatory retirement, mandatory retirement policy, Pilot's Association, pilots, retirement age
Posted in Human Resources, Human Rights | Make a Comment »

Who’s looking at your garbage, and why should you care?

Thursday, March 11th, 2010

You know what happens when you dump your garbage in the bin, right? The garbage collectors pick it up and take it away, and you don’t worry about it any more. But should you worry about it? A 2009 Supreme Court of Canada decision suggests you might want to.

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Tags: canadian charter of rights and freedoms, garbage search, policies and procedures, privacy, R. v. Patrick, supreme court, waste search
Posted in Internal Controls, IT, Privacy and Security | 2 Comments »

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