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Canada/Federal

CP Railway CEO says company will challenge arbitrator’s order to reinstate "cocaine-using" locomotive engineer

Jurisdiction: - Canada/Federal
Sector: - Transportation

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 »

Federal government completes "target benefit pension plan" consultations

Topics: - Pensions
Jurisdiction: - Canada/Federal

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 »

Federal Court of Appeal lays out test for family status discrimination as it relates to childcare matters

Jurisdiction: - Canada/Federal

The Federal Court of Appeal ("FCA") issued two decisions on May 2, 2014, in which it laid out the test for family status discrimination as it relates to childcare matters. Subject to a further appeal to the Supreme Court of Canada, this test is binding on federally regulated employers. The two cases are:  read more »

Study on sexual harassment in the federal workplace released

Topics: - Sexual Harassment
Jurisdiction: - Canada/Federal

The House of Commons Standing Committee on the Status of Women has released its study on sexual harassment in the federal workplace: A Study on Sexual Harassment in the Federal Workplace".

The summary of the study is as follows:  read more »

"Elder care" recognized under "family status" protection for first time by Canadian Human Rights Tribunal

Jurisdiction: - Canada/Federal

In Hicks v. Human Resources and Skills Development Canada, 2013 CHRT 20, the Canadian Human Rights Tribunal recognized "elder care" under the "family status" protection for first time.

Right to reinstatement after maternity / parental leave, does not trump employer's right to terminate as part of restructuring

Jurisdiction: - Canada/Federal

Moday and Bell Mobility Inc., 2013 CarswellNat 393 (Can. Arb.)

Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure

Jurisdiction: - Canada/Federal - Ontario

In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.

In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:

It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications."  I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12).  read more »