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Canada/Federal

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 »

Canadian Human Rights Commission "Cautions Employers on Rights of Aging Workers"

Jurisdiction: - Canada/Federal

The Canadian Human Rights Commission issued a news release on March 26, 2012 that "Cautions Employers on Rights of Aging Workers". The release reads:

On December 16, 2011, the Government of Canada repealed the section of the Canadian Human Rights Act that permitted federally regulated employers to impose mandatory retirement in some circumstances.

This measure was included in the Budget Implementation Act, which also stipulated a one-year transition period before the repeal of section 15 (1) (c) of the Canadian Human Rights Act takes effect.

The Canadian Human Rights Commission has received inquiries and is aware of media commentary about employers seeking to take advantage of the transition period to force employees to retire before they are ready to. While there is no evidence that this is taking place, the Commission believes it is prudent to caution any employer that might be considering such action to think again.  read more »

Federal government abolishes mandatory retirement except where it is bona fide occupational requirement

Jurisdiction: - Canada/Federal

The federal government has abolished mandatory retirement in federally regulated workplaces except where it is a bona fide occupational requirement ("BFOR").

For more on this development, see:

And this is the text of a news release issued by the Canadian Human Rights Commission on December 16, 2011:

Government of Canada Strikes Down Mandatory Retirement  read more »

Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute

Jurisdiction: - British Columbia - Canada/Federal
Sector: - Transportation

In Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31 2011 BCSC 1720, the court found that the Teamsters Local Union 31, through its officers, had deliberately disobeyed a previous court order (as it relates to not impeding traffic) and thus the union was in contempt of court.

This was the second time the union had been found to be in contempt of a court order during the Rocky Mountaineer labour dispute. The first time is detailed in this decision: Great Canadian Railtour Company Ltd. v. Teamsters Local Union No. 31, 2011 BCSC 1149.