Charter
May 21, 2013 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations,
Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.
canadian charter of rights and freedoms, Charter, Constitution, Constitutional right to strike, Court of Appeal, essential services, Essential Services Act, freedom of association, ILO, Industrial Relations, International Labour Organization, international obligations, Labour Law, Labour Trilogy, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Court of Queen's Bench, Saskatchewan Federation of Labour, societal and jurisprudential changes, strike, Striking workers, Supreme Court of Canada, Trade Union Amendment Act, union, Unions
April 30, 2013 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Union Relations,
As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.
Air Canada, Air Canada pilots, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, employment law, Federally regulated workplaces, Labour Law, leave to appeal, mandatory retirement, mandatory retirement age, Supreme Court of Canada, temporary help agencies, transportation, Vilven and Kelly
April 24, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources,
The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.
2013 Ontario Employment Law Conference, accident investigation, aftermath of a workplace accident, Charter, Charter of Rights and Freedoms, Dealing effectively with OHS inspectors, employment law, employment lawyer, high fines and fine surcharges, investigations for the purpose of pursuing charges in court, Lootawan and Haniff, Ministry of Labour inspectors, molesting or interfering with the Inspector, obstructing, occupational health and safety act, OHS inspectors, ontario, Ontario (Ministry of Labour) v. JR Contracting Property Services, reasonable and probable grounds, right to remain silent, routine inspections, Ryan Conlin, Stringer LLP, warrantless search and seizure, Workplace accident
August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.
bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly
August 17, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
As I mentioned recently, the arbitrator favoured Air Canada’s final offer to its pilots to resolve the labour dispute – the collective agreement will be effective until April, 2016.
binding arbitration, Canadian Human Rights Act, Charter, collective agreement, Collective Bargaining, contrating out of human rights laws, Federal Court, final selection arbitration, Industrial Relations, labour dispute, Labour Law, mandatory retirement policies, Pilot's Association, pilots, provision in the agreement, Supreme Court of Canada
March 23, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations
The Air Canada pre-emptive back-to-work legislation saga continues. Now the pilots have challenged the pre-emptive back-to-work legislation in court arguing that it prevents strikes or lockouts, forces the pilots to keep flying, and coerces the pilots to accept a contract imposed by arbitration in a process that is completely skewed given it was designed to favour the airline’s position…
Air Canada, back-to-work legislation, Canadian Aviation Regulations, Charter, Charter of Rights and Freedoms, Collective Bargaining, employment law, final selection arbitration, Industrial Relations, Labour Law, lockouts, not fit to fly, pilots, prevents collective bargaining, prevents freedom to associate, prevents lockouts, prevents strikes, stress, strikes
March 15, 2012 Christina Catenacci Human Resources, Union Relations
On March 14, 2012, Bill C-33, An Act to Provide for the Continuation and Resumption of Air Service Operations, received third reading in the House of Commons. The goal of the Bill is to require continued service, prohibit strikes and lockouts, extend the previous collective agreement and create a final offer selection scheme to force the parties (the employer and the two unions for the pilots and support staff) to settle their dispute.
Air Canada, Air Canada pilots, Airlines, Bill C-33, Canada labour Code, Charter, Dispute resolution, economy, employment law, essential services, extend collective agreement, final offer selection, government intervention, House of Commons, Industrial Relations, Labour Law, maintenance workers, prohibit strikes and lockouts, prohibits lockouts, prohibits strikes, support staff
February 17, 2012 Christina Catenacci Human Resources, Union Relations
After examining Canada’s international labour obligations, Saskatchewan’s Court of Queen’s Bench, has confirmed that section 2(d) of the Charter (the freedom to associate) includes the right to strike. This is something the courts have historically refused to admit in their decisions.
canadian charter of rights and freedoms, Charter, Committee on Freedom of ASsociation, employment law, essential services, freedom of association, freedom to associate, ILO, Industrial Relations, International Labour Ogranization, international standards, Labour Law, legislation violate Charter rights, Public Service Essential Services Act, right to strike, Saskatchewan, Saskatchewan’s Court of Queen’s Bench, Supreme Court of Canada
April 20, 2011 Andrew Taillon Human Resources, Privacy and Security
The recent case of R. v. Cole 2011 ONCA 218, a decision of the Ontario Court of Appeal suggests that employees may have some expectations of privacy with regard to work based emails under the Charter.
Charter, common law, Common law privacy rights, Employee privacy, employment law, expectations of privacy, PIPEDA, possession of child pornography, privacy rights, R. v. Cole, reasonable expectation of privacy, unauthorized use of a computer, work based emails, Wrongful dismissal suits
January 4, 2011 Yosie Saint-Cyr Health and Safety, Human Resources
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).
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
November 10, 2010 Yosie Saint-Cyr Human Resources, Human Rights, Union Relations
The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.
age discrimination, Air Canada, Air Canada pilots, canadian employment law, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, collective agreement, discrimination, discrimination based on age, employment law, Federal Court of Canada, forced retirement, mandatory retirement, mandatory retirement provisions, reinstatement
I was at a wedding reception recently, where immigrant parents who had made a living as factory workers or administrative staff showed off their children... – May 21, 9:23 AM
Good day, I have just recently started a new job in the Position of Regional Loss Prevention Manager. I am a former Military Police Officer... – May 16, 7:14 AM
