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Canada Labour Code - Part III

Scotiabank announces that it has reached a settlement in overtime class action

Jurisdiction: - Canada/Federal

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 »

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 »

BC court issues precedent decision on penalties for breach of Canada Labour Code group termination provisions

Jurisdiction: - Canada/Federal
Sector: - Transportation

In Regina v. Servisair Inc. BCPC 142, the BC Provincial Court addressed the appropriate penalties to impose for breach of certain Canada Labour Code ("CLC") group termination provisions.

The decision was issued on May 10, 2011. It is the first reported decision in Canada to consider the penalty issue.

Group Termination Provisions

The group termination provisions in the CLC are triggered when 50 or more employees are terminated in a single industrial establishment either simultaneously or within a 4-week period. Among other things, these provisions require the employer to:  read more »

Employee's stress due to nature of job not employer's improper conduct; no construtive dismissal

Jurisdiction: - Canada/Federal
Sector: - First Nations

Kade v. Chippewas of Nawash Unceded First Nation [2011] C.L.A.D. No. 101 (Mole)

Focus on progressive discipline

I have been meaning for several weeks now to draw attention to the February 2011 edition of the Labour and Employment Law Perspective, the Canadian Bar Association National Labour and Employment Law Section Newsletter.

The focus of the excellant February issue was progressive discipline and it contained the following articles (with the summaries taken directly from the newsletter):

Compensation in lieu of reinstatement: A deviation from DeHavilland

By Andrew Zabrovsky

In an interesting supplementary decision following an award granting compensation in lieu of reinstatement, an Ontario arbitrator strongly repudiated several of the well accepted and long propagated concepts which have been applied to this remedy.  read more »