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…
Tag: Canada Labour Code
An Employment Contract, A Without Cause Termination and the Availability of “Unjust Dismissal” Protection
Klein and The Royal Canadian Mint, a recent adjudication award made under the Canada Labour Code, affirms the proposition that the unjust dismissal provisions do not protect all employees from termination without cause, particularly where such terminations are conducted in accordance with a binding employment contract. In this case, the complainant had signed an employment…
Amendments to CIRB Regulations Now in Force
On December 18, 2012, the federal government registered Regulations Amending the Canada Industrial Relations Board Regulations, 2001 (“Regulations”), which amend the Canada Industrial Relations Board Regulations, 2001 (“CIRBR”) made under the Canada Labour Code (“Code”). As previously reported, the government had invited comments on the proposed Regulations in November 2012. The Regulations came into force…
First Aid Training Regulatory Amendments under Canada Labour Code Registered
On December 7, 2012, Regulations Amending Certain Regulations Made under the Canada Labour Code were registered. Among other things, the Regulations are intended to simplify the first aid training available to employees subject to federal jurisdiction through the following amendments to the Canada Occupational Health and Safety Regulations: the definition of “approved organization” will now…
Helping Families in Need Act Receives Royal Assent
On December 14, 2012, Bill C-44, Helping Families in Need Act, received Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill or dies or disappears as the suspected result of…
Helping Families in Need Act Awaiting Royal Assent
On December 12, 2012, Bill C-44, Helping Families in Need Act, passed Third Reading in the Senate and is now awaiting Royal Assent. As previously reported, Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his or her child is critically ill…
Helping Families in Need Act Passes Third Reading
On November 20, 2012, Bill C-44, Helping Families in Need Act, was passed at Third Reading in the House of Commons and was referred to the Senate. As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the Canada Labour Code regarding an employee’s right to take leave if his…
Helping Families in Need Act Reported Back to House of Commons
On November 2, 2012, Bill C-44, Helping Families in Need Act, was reported back to the House of Commons without amendment by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. As previously reported, if passed Bill C-44 will, among other things, make certain amendments to the…
Federal Government Introduces Second Budget Implementation Bill
On October 18th, the federal Government introduced Bill C-45, the Jobs and Growth Act, 2012. This is the second Budget Bill introduced in Parliament to enact measures announced in the federal Budget, which was tabled on March 29, 2012. In addition to enacting various Budget measures, Bill C-45 would also enact changes to the Canada…
Second Federal Omnibus Budget Bill Tabled
On October 18, 2012, the federal government tabled Bill C-45, Jobs and Growth Act, 2012, the second omnibus budget bill giving effect to the initiatives found in its Budget 2012, Economic Action Plan 2012 – A Plan for Jobs, Growth and Long-term Prosperity. If passed, Bill C-45 will, among other things: amend the rules applicable…