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Industrial Relations

By Devry Smith Frank LLP | 4 Minutes Read October 28, 2016

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

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.

Article by Devry Smith Frank LLP / Employee Relations, Human Rights, Union Relations / back-to-work legislation, Canada Post labour dispute, canadian charter of rights and freedoms, Canadian Union of Postal Workers v Her Majesty in Right of Canada, Charter protected freedoms, Charter rights, collective agreement, Collective Bargaining, employment law, freedom of association, Freedom of expression, Industrial Relations, Labour Law, lockout, Restoring Mail Delivery for Canadians Act, right to strike, strike, striking postal workers, trade unions, Unions

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minute Read February 27, 2015

Slaw: Supreme Court confirms right to strike constitutionally protected

The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Union Relations / canadian charter of rights and freedoms, Collective Bargaining, essential services legislation, freedom of association and expression, Industrial Relations, Labour Law, labour relations, Labour Trilogy, limit the ability of public sector workers to go on strike, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Federation of Labour v Saskatchewan, Saskatchewan’s essential services legislation, Supreme Court of Canada, Trade Union, Trade Union Amendment Act

By Occasional Contributors | 2 Minutes Read February 12, 2015

Federal Employees’ Voting Rights Act facilitates union decertification, mandates secret ballot vote-based majority for certification

New legislation in the federal sector will mandate secret ballot vote-based majorities for both the certification, and the decertification of bargaining agents.

Article by Occasional Contributors / Employee Relations, Union Relations / bargaining agents, bargaining unit, Canada labour Code, Employees’ Voting Rights Act, Industrial Relations, Labour Law, order revoking union certification., Parliamentary Employment and Staff Relations Act, Public Service Labour Relations Act, secret ballot vote, union certification, Union decertification

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