Charter rights

Back-to-work postal legislation found in violation of Charter rights

October 28, 2016 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.

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Three popular articles this week on HRinfodesk

June 19, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with limits on workplace mental stress claims; employee refusal to work on Sunday; and how an employee’s profanity towards a supervisor was not cause for termination.

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Is mandatory retirement really mandatory?

January 18, 2011 Earl Altman Human Resources, Human Rights

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

January 4, 2011 Yosie Saint-Cyr, LL.B. Managing Editor 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).

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