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BC court issues precedent decision on penalties for breach of Canada Labour Code group termination provisions

Jurisdiction: - Canada/Federal
Sector: - Transportation

In Regina v. Servisair Inc. BCPC 142, the BC Provincial Court addressed the appropriate penalties to impose for breach of certain Canada Labour Code ("CLC") group termination provisions.

The decision was issued on May 10, 2011. It is the first reported decision in Canada to consider the penalty issue.

Group Termination Provisions

The group termination provisions in the CLC are triggered when 50 or more employees are terminated in a single industrial establishment either simultaneously or within a 4-week period. Among other things, these provisions require the employer to:  read more »

Employee's stress due to nature of job not employer's improper conduct; no construtive dismissal

Jurisdiction: - Canada/Federal
Sector: - First Nations

Kade v. Chippewas of Nawash Unceded First Nation [2011] C.L.A.D. No. 101 (Mole)

Federal government releases final amendments to regulations under the Pension Benefits Standards Act

Topics: - Pensions
Jurisdiction: - Canada/Federal

The federal government announced today that it has released "final regulations that will strengthen Canada's federally regulated private pension system".

Specifically, as described in the news release:  read more »

Pilot at top of Air Canada seniority list files complaint with CIRB over mandatory retirement issue

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Globe and Mail has a story today ("A pilot's quest to remain at the top") on the latest chapter of the long-running dispute between Air Canada, the Air Canada Pilots Association ("ACPA") and individual pilots over the airline's mandatory rule. 

There are 3,039 pilots on the seniority list. Michael Ennis, who joined Air Canada in 1972, rose to the top of the list in February 2010.  He turns 60, however, in April of this year and is being forced to retire by the airline.

The ACPA has apparently declined to represent him in this matter, thus prompting him (and two other pilots) to file complaints against the ACPA with the Canada Industrial Relations Board (CIRB) yesterday.

I am presuming that they are duty of fair representation complaints. As stated on the CIRB's website:  read more »

Prohibited grounds in Canadian Human Rights Act may soon be expanded to include "gender identity/expression"

Jurisdiction: - Canada/Federal

The prohibited grounds of discrimination in the Canadian Human Rights Act ("CHRA") may soon be expanded to include "gender identity" and "gender expression".

Bill C-389 - An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)  - passed Third Reading in the House of Commons yesterday by a vote of 143 to 135.

In addition to amending the CHRA to include these new grounds, Bill C-389 would also amend the hate crime and sentencing provisions in the Criminal Code to offer express rights/protection to transgendered and transsexual individuals,

Bill C-389 - a private members' bill that was introduced by British Columbia NDP Member of Parliament, Bill Siksay - must now be passed by the Senate in order to become law. 

Comments  read more »

Employer not required to hold corporate reorganization in abeyance pending resolution of employee's disability

Jurisdiction: - Canada/Federal

Tutty v. Canada (Attorney General), 2011 FC 57

Postscript: Jennifer M. Shepherd and Gulu Punia at the Fasken Martineau office in Calgary have prepared the following summary of this decision:  "Accommodation Does Not Prevent Corporate Reorganization" (February 1, 2011).

Legislation introduced that would abolish mandatory retirement in most federally regulated workplaces

Jurisdiction: - Canada/Federal

Mandatory retirement policies in most federally regulated workplaces will be abolished if a recently introduced private members bill becomes law.

The bill - Bill C-481, An Act to amend the Canadian Human Rights Act and the Canada Labour Code (mandatory retirement age) - was introduced by Ms. Raymonde Folco, a Liberal Member of Parliament from Quebec on November 15, 2010.

It passed Second Reading in the House of Commons on December  6, 2010 and is being referred to the Standing Committee on Human Resources at the committee stage of the parliamentary process. If it passes in committee, it will be referred to Third Reading and likely become law.

In the parliamentary debates held so far, Ms. Folco stated that her bill has three main objectives:  read more »

"Social Media: Opportunities and Limitations in the Workplace"

"Social Media: Opportunities and Limitations in the Workplace" (December 19, 2010) is the title of a recent paper by Carman J. Overholt, Q.C. and Emily Pitcher. Mr Overholt is a lawyer at Fraser Milner Casgrain in Vancouver and Ms. Pitcher is a student at law.