On March 12, 2014, the federal government published an order fixing April 1, 2014 as the date on which key amendments to Part III of the Canada Labour Code (“Code”) outlined in Bill C-45, the Jobs and Growth Act, 2012, come into force. In part, the Bill C-45 amendments will implement a statutory complaints framework…
Tag: Canada Labour Code
2013 Federal Budget No. 2 (Bill C-4)
On October 22, 2013, the federal government introduced the Economic Action Plan 2013 Act, No. 2, omnibus legislation that would, if passed, implement measures from the Economic Action Plan 2013 (the 2013 Budget), as well as certain previously announced tax measures. Budget Bill items of interest to employers, human resources professionals and pension plan administrators…
Dismissals Under the Canada Labour Code
In a recent decision, Atomic Energy of Canada Limited v. Wilson, the Federal Court considered the unjust dismissal provision of the Canada Labour Code (“Code”) and concluded that it does not prohibit federally regulated employers from conducting without cause dismissals. This decision arose out of an unjust dismissal complaint under section 240 of the Code….
New Federal Regulations Proposed for Health and Safety Committees/Representatives
On June 8, 2013, the federal government published proposed Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (“Regulations”) made under the Canada Labour Code (“Code”). The proposed Regulations would replace the Safety and Health Committees and Representatives Regulations (“SHCRR”) to align the Regulations with amendments made to the Code in 2000, which…
CLC Amendments Increasing Fines and Requiring Federal Employers to Insure LTD Plans to Come into Force July 1, 2014
Sections 434 to 439 of the Jobs, Growth and Long-term Prosperity Act (“JGLPA”) have been proclaimed into force effective July 1, 2014. The JGLPA is omnibus legislation giving effect to certain initiatives contained in the federal Budget 2012. Sections 434 to 439 amend the Canada Labour Code (“Code”) to, among other things: require every federal…
Federal Health and Safety Tribunal Considers Fukushima Nuclear Incident in Context of Canadian Work Refusal
An Appeals Officer of the Occupational Health and Safety Tribunal Canada recently considered the damage caused to the Fukushima nuclear facility by the 2011 Japanese tsunami in the context of a work refusal under the Canada Labour Code. The appellant was a mail sorter with Canada Border Services Agency. Shortly after the Fukushima incident in…
Federal Appeals Officer Confirms Work Refusal Must Be Based on More Than “Hypothesis or Conjecture”
The Occupational Health and Safety Tribunal Canada has found that there was insufficient evidence of radiation contamination on parcels arriving from Japan after the Fukushima nuclear incident in 2011 to warrant a work refusal at a mail sorting facility. For a reasonable expectation of danger to exist, there must be more than hypothesis or conjecture….
Overtime Eligibility Class Action Certification Dismissal Upheld on Appeal
On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
Accommodating Childcare Needs: Understanding Your Obligations
In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…
Unjust Dismissal in the Context of an Employment Contract Notice Provision
Does an employee who has left the bargaining unit and entered into a binding contract with an employer have access to the unjust dismissal provisions of the Canada Labour Code when his employment is terminated? In a recent case, an adjudicator answered no: the terms of the contract were clear regarding termination, the employee was…