The Canadian Human Rights Commission issued a news release on March 26, 2012 that "Cautions Employers on Rights of Aging Workers". The release reads:
On December 16, 2011, the Government of Canada repealed the section of the Canadian Human Rights Act that permitted federally regulated employers to impose mandatory retirement in some circumstances.
This measure was included in the Budget Implementation Act, which also stipulated a one-year transition period before the repeal of section 15 (1) (c) of the Canadian Human Rights Act takes effect.
The Canadian Human Rights Commission has received inquiries and is aware of media commentary about employers seeking to take advantage of the transition period to force employees to retire before they are ready to. While there is no evidence that this is taking place, the Commission believes it is prudent to caution any employer that might be considering such action to think again. read more »
Supreme Court of Canada to hear union's appeal of case concerning random alcohol testing in workplace
In a decision issued on March 20, 2012, the Supreme Court of Canada announced that it would hear the appeal of a case involving an employer's right to conduct random alcohol testing in the workplace
Some key facts concerning the case: read more »
The BC Government issued a news release on March 21, 2012 announcing a ministerial regulation establishling timelines for BC Labour Relations Board decisions. Here's the release:
A ministerial regulation establishing timelines for Labour Relations Board decisions will ensure timely resolution of workplace disputes, Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid announced.
Labour Relations Board decisions will need to be managed within 180 days from the date an application is filed ensuring workplace disputes are quickly resolved. The new 180-day timeline includes the time to make submissions, conduct oral hearings and finalize the decision-making process involving matters under the Labour Relations Code. read more »
Diana Juricevic was appointed on February 16, 2012 as a member of the BC Human Rights Tribunal. Her bio states:
Before joining the BC Human Rights Tribunal, Diana Juricevic was a Legal Officer in the
Defence Support Section for the United Nations Assistance to the Khmer Rouge Trials of the Extraordinary Chambers in the Courts of Cambodia. She was also the Associate Director of the International Relations Program at the University of Toronto. Previously, she practised international criminal law before the International Criminal Tribunal for the former Yugoslavia, and she was also the Acting Director of the International Human Rights Program at the University of TorontoÂ¿s Faculty of Law where she taught courses on international criminal law and human rights advocacy. In 2007, Ms. Juricevic was named by the Women's Executive Network as one of the Top 100 Most Powerful Women in CanadaÂ¿ and profiled in Chatelaine in 2008 as one of 80 Canadian Women to Watch. She holds her Bachelor of Arts (Honours), Bachelor of Laws, and her Master of Economics from the University of Toronto.
BCCA upholds ruling that disrespectful, inflammatory letter from employee's lawyer provided just cause
In Grewal v. Khalsa Credit Union, 2012 BCCA 56, the BC Court of Appeal dismissed the appeal of a former branch manager at the Khalsa Credit Union.
In a May 2011 decision, the trial court had ruled that a disrespectful, inflammatory letter from the employee's lawyer had "tipped the balance" in favour of the employer having just cause for termination. The trial court's decision can be found here.
SCC refuses leave to appeal in Que notice, pension case involving 2 former Canadian Jewish Congress employees
The Supreme Court of Canada dismissed the application for leave to appeal today in Leona Polger, et al. v. Canadian Jewish Congress. (Que. C.A., June 21, 2011) (34438).
The case concerned two long serving employees of the Canadian Jewish Congress ("CJC") - one with 36 years service, the other with 22 years. The employees had been dismissed by the CJC in December 2004 and January 2005.
The Quebec Superior Court had awarded them each 36 months notice and a pension enhancement.
On appeal, the Quebec Court of Appeal had reduced the notice to 24 months and determined that they were not entitled to the pension enhancement. See: Canadian Jewish Congress c. Polger, 2011 QCCA 1169.
For more on this case: read more »