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….
Tag: Canada Labour Code
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…
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…