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Tribunal orders CNR to reinstate three female employees who declined transfers because they had young children

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Canadian Human Rights Tribunal issued three companion decisions last week in which they ordered the Canadian National Railway to reinstate three female employees who had been terminated when they declined temporary transfers from Jasper, Alberta to Vancouver, BC because they had young children.

The Tribunal found that the employees had been discriminated against on the basis of "family status".

CNR was also required to pay damages for lost earnings, pain and suffering and wilful and reckless conduct.

The decisions are:  read more »

Air Canada pilot who was forced to retire at age 60 not satisfied with terms of reinstatement

Jurisdiction: - Canada/Federal
Sector: - Transportation

I wrote about the Vilven mandatory retirement case in an August 2009 entry and a September 2009 entry.

Briefly, Mr. Vilven is a pilot with Air Canada who, along with another pilot, was forced to retire at age 60. The pilots responded by filing a complaint with the Canadian Human Rights Tribunal ("CHRT"). The CHRT allowed their complaint in a ruling that calls into question whether it is still permissible for any federally regulated organization to have a mandatory retirement policy. The Air Canada Pilots Association, the pilots' union which supports age 60 mandatory retirement, subsequently filed a judicial review application of the CHRT's ruling.

There was a very short article in today's Globe and Mail newspaper ("Senior Air Canada pilots allege age discrimination") updating this story. According to the article:  read more »

Off-duty transit officer entitled to workers' comp benefits for injuries sustained confronting intoxicated driver

Topics: - BC WCAT - WorkSafeBC
Jurisdiction: - British Columbia

The Vancouver Sun published a story today ("Off-duty transit officer wins precedential injury compensation") about a recent BC Workers' Compensation Appeal Tribunal decision in which a transit police officer was awarded workers compensation benefits for injuries he sustained, on a day-off, confronting an intoxicated driver.

The Sun's story was spurred by a news release issued yesterday by the transit police officers' union, the Canadian Office and Professional Employees' Union, Local 378 (COPE 378).

The WCAT decision (WCAT-2010-01816) was issued on June 30, 2010. As noted in the decision, the issue before the panel was "whether or not the worker's multiple soft tissue injuries arose out of and in the course of his employment entitling the worker to compensation under section 5(1) of the Act.".  read more »

Unionized employee awarded over $500,000 in total damages for bad faith dismissal

Jurisdiction: - Ontario
Sector: - Transportation

The Canadian labour and employment law community has taken notice of the decision in Greater Toronto Airports Authority and Public Service Alliance of Canada, Local 0004 (No. GV-008-04, O.B. Shime, QC, February 24, 2010), much the same way it did of:

In Greater Toronto, the arbitrator awarded a 47 year-old unionized employee over $500,000 in total damages because the employer had acted unreasonably and in bad faith in terminating her employment.  read more »

BC Maritime Employers Association files systemic sex discrimination complaint against its union

Jurisdiction: - Canada/Federal
Sector: - Transportation

The BC Maritime Employers Association ("BCMEA") submitted a complaint yesterday to the Canadian Human Rights Commission against the International Longshore and Warehouse Union ("ILWU").

The BCMEA is calling it an "unprecedented step" taken because of "the urgent need to provide an inclusive workplace at the waterfront in British Columbia".

The BCMEA further states that it had "no other choice" but to file the complaint due to "the refusal of the ILWU to participate in timely and meaningful action to move toward equality in the workplace."

The complaint  - a summary of which can be found here - alleges that the ILWU Canada and its various local Unions are engaging in various discriminatory practices contrary to section 10 of the Canadian Human Rights Act ("CHRA").  read more »