On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
Tag: Canada Labour Code
Amendments Made to Federal Occupational Health and Safety Regulations
The federal government has registered two amending regulations made under the Canada Labour Code: Regulations Amending the Oil and Gas Occupational Safety and Health Regulations (Miscellaneous Program) and Regulations Amending the Canada Occupational Health and Safety Regulations (Miscellaneous Program) (“Regulations”). The purpose of the Regulations is, among other things, to clarify inconsistencies between their French…
No Jurisdiction to Determine Unjust Dismissal Complaint Where Employee Terminated Without Cause Pursuant to Employment Contract
In a recent adjudication under the Canada Labour Code (the “Code”), Adjudicator Rose relied on the Federal Court decision in Atomic Energy of Canada v. Wilson to grant an employer’s preliminary objection and dismiss an unjust dismissal complaint. In doing so, he found that in the case of without cause terminations an adjudicator lacks jurisdiction under the…
Canada Labour Code Amendments (Bill C-45) to Come into Force April 1, 2014
Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….
Canada Labour Code Amendments (Bill C-45) Come into Force April 1, 2014
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…
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…