Charter of Rights and Freedoms
August 7, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations
It is a question that employment lawyers are asked all the time: can an organization monitor or search the personal emails sent by its employees? The answer, as is often the case, is that it depends. In this context, the issue is the expectation of privacy that the employee reasonably has.
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March 20, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Union Relations
In a surprising move, the Supreme Court of Canada overturned its own precedent and found that the right to strike was protected under the Charter.
bargaining agents, Charter of Rights and Freedoms, Collective Bargaining, Constitutionalizing of the right to strike, dispute resolution mechanism, essential services, Labour Law, management, Mounted Police Association of Ontario v. Canada, right of freedom of association, right to strike, Saskatchewan Federation of Labour v Saskatchewan, Supreme Court of Canada, unionized employees, Unions
February 9, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Union Relations
Until last Friday, the Royal Canadian Mounted Police was Canada’s only police force that was legislatively prohibited from unionizing. On January 16, 2015, the Supreme Court of Canada ruled…
Charter of Rights and Freedoms, Collective Bargaining, constitutionality, freedom of association, Industrial Relations, Labour Law, Mounted Police Association of Ontario v. Canada (Attorney General), Public Service Labour Relations Act, Supreme Court of Canada, Trade Union, union, unionizing, Unions
December 10, 2014 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Privacy and Security, Recruiting and Hiring, Standard for Customer Service, Standard for Employment, Union Relations
This is a great post on this International Human Rights Day. The principles that guide accessibility can be found in a few human rights mechanisms that structure the responsibility to make adjustments of law and policy to allow for equal participation of persons with disabilities.
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December 2, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the Charter of Rights and Freedoms.
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July 4, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation
For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a WSIB claim except in very limited circumstances. Unlike physical injuries, WSIB would not cover psychological or emotional damage, even if it could be shown to be a workplace injury. That has now been called into question, as a Workplace Safety and Insurance Appeals Tribunal found that the statutory provision limiting the entitlement to benefits for mental distress is inconsistent with the Charter of Rights and Freedoms and, therefore, unconstitutional.
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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.
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December 6, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Training and Development, Union Relations
The preamble of the Charter of the French language makes it clear that everyone has the right to live and work using the French language, and that it is the official language of Quebec in government, law, work, education, commerce and business. This preamble is now elaborated to acknowledge that,
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May 4, 2012 Christina Catenacci Human Resources, Union Relations
I wrote recently about the Air Canada back-to-work legislation and the unions’ challenge to this legislation that it violated the Canadian Charter of Rights and Freedoms. Well, now the arbitrators have been appointed for the labour disputes, notwithstanding the recent constitutional challenge. It has been decided that Douglas Stanley will be dealing with the pilots’ dispute, and Michel […]
Air Canada, arbitrators, Charter of Rights and Freedoms, Collective Bargaining, constitutional challenge, employment law, final offer arbitration, final offer selection, Labour disputes, Labour Law, machinists, pilots
March 27, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Health and Safety, Human Resources, Human Rights
On March 26, 2012, the Ontario Court of Appeal acknowledged that, “prostitution is a controversial topic, one that provokes heated and heartfelt debate about morality, equality, personal autonomy and public safety,” and overturned two of the three sections of the Criminal Code‘s prostitution law on the grounds that they are unconstitutional.
brothels, Charter of Rights and Freedoms, circumstances of exploitation, common bawdy house, criminal code, decriminalizing the oldest profession, employment law, Freedom of expression, health and safety risks, law, living off of the avails of “the prostitution of another person”, performing sex for money, prostitution, Public safety, sex trade, sex work, sex-trade workers, solicitation
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…
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January 31, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights
Under human rights legislation in all jurisdictions in Canada, employers cannot ignore the religious needs or observances of employees but must work with employees to try to accommodate them. In addition, the Canadian Charter of Rights and Freedoms protects freedom of religion and expression…
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April 8, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights
The Canadian Human Rights Commission recently posted a policy on its website concerning how it interprets and applies section 13 of the Canadian Human Rights Act (CHRA) when it receives an inquiry or complaint. The purpose of section 13 of the Act is to balance Canadians’ rights to equality and freedom of expression with respect to hate messages, as protected by the Canadian Charter of Rights and Freedoms. The parliamentary record indicates that section 13 was initially included in the legislation to address activities of individuals and groups who used the telephone system to disseminate hate messages. In December 2001, parliament amended the CHRA by adding section 13(2), which makes it clear that Internet hate messages come under the jurisdiction of the commission.
Read the whole article on Slaw.ca.
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