Supreme Court of Canada
Supreme Court of Canada to decide if dismissal without cause is automatically "unjust dismissal" under CLC
The Supreme Court of Canada announced today that it had granted leave to appeal in a case concerning whether dismissal without cause is automatically an "unjust dismissal" under the Canada Labour Code.
This issue had divided labour adjudicators appointed under the Canada Labour Code for years until the Federal Court of Canada ruled, definitively, in Atomic Energy of Canada Limited v. Wilson, 2013 FC 733, that dismissals were not automatically "unjust". That decision was upheld by the Federal Court of Appeal in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17.
Canada's top court will now have the final word. This is that court's summary of the case: read more »
In light of International Women's Day back on March 8, 2015, Legal Feeds, the Blog for Canadian Lawyer & Law Times published a list of the most significant court decisions for women in the workplace over the last 25 year, as compiled by the lawyers at Rubin Thomlinson LLP in Ontario. Here is the firm's top 10 list: read more »
The Alberta Information and Privacy Commissioner's office issued the news release below today (November 20, 2014) in relation to proposed amendments to the Alberta Personal Information Protection Act.
The proposed amendments have been tabled by the Alberta government in response to a decision issued by the Supreme Court of Canada in December 2013. See my post here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".
The proposed amendments also follow a letter that the Alberta Commissioner, Jill Clayton, wrote in December 2013, following the Supreme Court of Canada's decision. See my post here:"Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant"
November 20, 2014 read more »
Discriminatory to provide birth mothers same amount of top-up benefits as birth fathers, adoptive parents
In a rare oral judgment that was issued on November 12, 2014 - British Columbia Teachers' Federation v. British Columbia Public School Employers' Association, 2014 SCC 70 - the Supreme Court of Canada overturned a decision by the BC Court of Appeal and restored the decision of a labour arbitrator concerning top-up benefits provided to teachers who are new parents.
The labour arbitrator, John B. Hall, had ruled that it was discriminatory - under section 15 of the Charter of Rights and Freedoms and section 13 of the BC Human Rights Code - to provide the same amount of top-up benefits to birth mothers as birth fathers and adoptive parents.
Specifically, Arbitrator Hall had ruled: read more »
SCC: Wal-Mart's decision to close recently unionized store in Quebec violated "statutory freeze" provisions
In United Food and Commercial Workers, Local 503 v. Wal‑Mart Canada Corp. 2014 SCC 45, a 5/2 majority of the Supreme Court of Canada ruled that Wal-Mart's decision to close a recently unionized store in Jonquière, Quebec violated the "statutory freeze" provisions found in Section 59 of the Quebec Labour Code.
The case headnote is as follows: read more »