Supreme Court of Canada to decide if dismissal without cause is automatically "unjust dismissal" under CLC
The Supreme Court of Canada announced today that it had granted leave to appeal in a case concerning whether dismissal without cause is automatically an "unjust dismissal" under the Canada Labour Code.
This issue had divided labour adjudicators appointed under the Canada Labour Code for years until the Federal Court of Canada ruled, definitively, in Atomic Energy of Canada Limited v. Wilson, 2013 FC 733, that dismissals were not automatically "unjust". That decision was upheld by the Federal Court of Appeal in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17.
Canada's top court will now have the final word. This is that court's summary of the case: read more »
The federal Ministry of Labour issued the following news release on December 8, 2014:
Minister Leitch and United States Labor Secretary Tom Perez hold bilateral talks in Ottawa
Minister Leitch and Secretary Perez discussed paid leave and the advancement of women in the workplace
December 8, 2014- Gatineau, Quebec - Employment and Social Development Canada
The Honourable Dr. K. Kellie Leitch, Minister of Labour and Minister of Status of Women, discussed bilateral labour issues with her American counterpart, the Honorable Tom Perez, United States Secretary of Labor, during his first official visit to Canada.
Secretary Perez expressed an interest in paid leave as a means of boosting labour market participation and wished to learn about Canada's approach to it from Minister Leitch. read more »
Amendments to the Canada Labour Code - Part II that came into effect on October 28, 2014 are intended to narrow an employee's right to refuse work on basis it is not safe ((under sec. 128 of the Code).
For more information on these amendments, see read more »
Scotiabank issued a news releae today announcing that it has settled the Fulawka v. The Bank of Nova Scotia overtime class action that was filed in 2007. The release states:
Scotiabank and the representative plaintiff Cindy Fulawka have reached an agreement to settle the Fulawka v. The Bank of Nova Scotia Overtime Class Action. A hearing for approval of the proposed settlement will take place on August 12. The class action was commenced against the Bank in December 2007 on behalf of certain full-time retail branch bank employees in Canada who held the positions of Personal Banking Officer, Senior Personal Banking Officer, Financial Advisor or Account Manager Small Business. read more »
CP Railway CEO says company will challenge arbitrator’s order to reinstate "cocaine-using" locomotive engineer
Here's an interesting news release that Canadian Pacific Railway Limited issued on July 16, 2014 concerning an arbitrator's decision to order an employee re-instated:
Canadian Pacific Railway Limited (TSX/NYSE: CP) announced today it will be asking the Superior Court of Quebec to stay a July 14, 2014 decision by the Canadian Railway Office of Arbitration (CROA), which ruled a locomotive engineer, who consumed cocaine at a time and of a quantity which could impact his duties, must be reinstated.
CP also announced it will be appealing the agency's order to the Superior Court of Quebec asking it to overturn the decision. read more »
The federal government issued the news release below yesterday (June 25, 2014) regarding the target benefit pension plan consultations that it commenced in late April 2014.
Target benefit pension plans - also known as shared risk plans - represent an alternative to defined benefit or defined contribution pension plans. Several provinces have already passed legislation providing for target benefit pension plans, but in many cases that legislation is not yet in force.
Harper Government Completes Public Target Benefit Plan Consultations read more »