Supreme Court of Canada
Supreme Court splits 5/4 in 3 cases concerning jurisdiction of Quebec arbitrators to hear unlawful dismissal complaints
The three cases are:
- Syndicat de la fonction publique du Québec v. Quebec (Attorney General), 2010 SCC 28
- Syndicat des professeurs du Cégep de Ste-Foy v. Quebec (Attorney General), 2010 SCC 29
- Syndicat des professeurs et des professeures de l'Université du Québec à Trois-Rivières v. Université du Québec à Trois-Rivières, 2010 SCC 30
Supreme Court of Canada refuses to hear case concerning Quebec's workplace psychological harassment provisions
The Supreme Court of Canada today dismissed a leave to appeal application in a case concerning the psychological harassment provisions in Quebec's Labour Standards Act.
The SCC's website summarizes the case - Elena Anton v. DMR, a division of Fujitsu Consulting (Canada) Inc. and Commission des relations du travail - as follows:
In 2006, Éléna Anton was hired by DMR as a senior systems delivery advisor. The contract of employment stated that her employment was subject to a six-month probationary period. In 2007, Ms. Anton consulted her doctor, who gave her a medical certificate for sick leave.
Dissatisfied with the quality of her work, primarily because she did not work well with others and did not follow certain instructions, DMR terminated Ms. Anton's employment at the end of the probationary period. read more »
Lawyer Kelly Harris at McLennan Ross in Alberta has written a brief entitled "Labour Law Central to Constitutional Fight" (February 2010). It addresses the Supreme Court of Canada's decisions in:
Leave to appeal to Supreme Court of Canada filed in case concerning Tribunal's authority to award legal costs
In Canada (Attorney General) v. Mowat 2009 FCA 309, the Federal Court of Appeal ruled that the Canadian Human Rights Tribunal does not have authority to award legal costs to successful complainants.
This overturned the Tribunal's November 2006 decision, in which it had awarded the complainant $47,000 on account of her legal costs plus interest from the date of the decision to the date of payment.
The Supreme Court of Canada's website shows that the Canadian Human Rights Commission has now filed an application for leave to appeal the case to the Supreme Court of Canada.
In Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, 2009 SCC 53, the majority of the Supreme Court of Canada ruled that a national freight forwarder is provincially regulated.
- A summary of the case by Alberta firm McLennan Ross is here: "Supreme Court Upholds Provincial Powers Over Labour Relations" (January 5, 2010).
- A summary of the case by Fraser Milner Casgrain can be found in their Spring 2010 newsletter: "Consolidated Fastfrate: How a Recent Supreme Court of Canada Decision Will Assist Employers With Their National Labour Strategies".