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Adoptive mothers not allowed maternity leave

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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Supreme Court restricts agricultural workers’ freedom of association

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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Individual privacy in the workplace – a case precedent

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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Is mandatory retirement really mandatory?

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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Government to appeal ruling over website accessibility for visually impaired

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

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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Judge orders federal government to make websites accessible to the blind

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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Hearings scheduled to decide retirement ages of Air Canada pilots

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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