Canada Labour Code - Part III
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 »
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 »
Right to reinstatement after maternity / parental leave, does not trump employer's right to terminate as part of restructuring
Moday and Bell Mobility Inc., 2013 CarswellNat 393 (Can. Arb.)