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Canada/Federal

Designated missions/operations that may qualify employees for reservist leave under Canada Labour Code

Jurisdiction: - Canada/Federal

The federal government introduced an unpaid leave of absence for members of the Canadian reserves (who otherwise qualify) into Part III of the Canada Labour Code in 2008 (Bill C-40).

Among other triggers, reserve members are entitled to the leave in order to take part in:

...an operation in Canada or abroad - including preparation, training,
rest or travel from or to the employee's residence - that is designated
by the Minister of National Defence.

Until recently, it was unclear whether the 2010 Winter Olympic Games was an operation that had been designated by the Minister.

However, as seen on this list of designated missions and operations published by the federal government, the Games have indeed been designated as an operation that may entitle the reserve member for the leave.

"CCAA: The Ultimate Restructure"

Jurisdiction: - Canada/Federal

Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").

The second part of the paper focuses on employment issues under the CCAA and specifically addresses:  read more »

Change in circumstances was transfer of business, not termination; no severance owing under Canada Labour Code

Jurisdiction: - Canada/Federal

Group 4 Falck (Canada) Ltd. and Abdulla (Re) (October 13, 2009, Canada, T. Hodges)

Air Canada Pilots Association applies for judicial review of CHRT decision on mandatory retirement

The Air Canada Pilots Association (ACPA) issued a news release today announcing that they have applied to the Federal Court for judicial review of the Canadian Human Rights Tribunal (CHRT) decision in Vilven v. Air Canada, 2009 CHRT 24, which called into question the retirement age provision of the pilots' collective agreement with Air Canada.

Definition of "strike" in Canada Labour Code does not infringe on Charter of Rights and Freedoms

In Grain Workers' Union, Local 333 v. B.C. Terminal Elevator Operations' Association, 2009 FCA 201, the Federal Court of Appeal confirmed a decision of the Canada Industrial Relations Board that the definition of "strike" in the Canada Labour Code does not infringe on the Canadian Charter of Rights and Freedoms.

A summary of the case by law firm Roper Greyell can be found here.

Canadian Human Rights Tribunal decision may signal death knell for mandatory retirement in federal sector

On July 1, 2009, Nova Scotia amended its human rights legislation in order to prohibit mandatory retirement in most cases.  This means that every province and territory in Canada has now either prohibited mandatory retirement outright, or only allows it if it is based on bona fide retirement or pension plans, or a bona fide occupational requirement.

The same cannot be said for federally regulated employers in Canada.

Section 15(1)(c) of the Canadian Human Rights Act (the "Act") still permits employers in the federal sector to impose mandatory retirement policies on their employees if they have reached "the normal age of retirement for employees working in positions similar to the position of that individual".

Sections 15(1)(a) and 15(2) of the Act provide that mandatory retirement policies are not discriminatory if they are based on a bona fide occupational requirement.  read more »

"Canadian Privacy Legislation and the Cross Border Transfer of Employee Data"

Candice Teitlebaum has written a paper on "Canadian Privacy Legislation and the Cross Border Transfer of Employee Data" (undated). Ms. Teitlebaum is a lawyer at Aird & Berlis LLP in Ontario.

CIBC class action overtime decision to be appealed

Jurisdiction: - Canada/Federal - Ontario

The Globe and Mail is reporting that the proposed representative plaintiff will be appealing the Ontario Superior Court of Justice's decision last month refusing to certify an unpaid overtime class action lawsuit against CIBC. You can read the article ("CIBC employee appeals judge's class-action denial", February 19, 2010) here.

More on the CIBC overtime decision

Jurisdiction: - Canada/Federal - Ontario

As I noted in my post two days ago, the Ontario Superior Court refused to certify an unpaid overtime class action lawsuit against CIBC by its employees. Fresco v. Canadian Imperial Bank of Commerce, 2009 CanLII 31177 (ON S.C.).

The claim for unpaid overtime alleged that CIBC's Overtime Policy (the "Policy") contravened the Canada Labour Code ("CLC') in two key ways:

  1. it required that employees receive approval in advance from a manager in order to be compensated for overtime hours worked, unless there were extenuating circumstances and approval was obtained as soon as possible afterwards; and
  2. it provided paid time off at the rate of 1.5 in lieu of monetary compensation, at the option of the employee.

Canada Labour Code overtime provisions  read more »