Charter of Rights & Freedoms
Can employees over 65 be excluded from benefits?
Can employees over 65 be excluded from benefits?
This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.
The article addresses three arbitration awards: read more »
BC Teachers' Federation opens Charter challenge of Bills 27 and 28 in BC Supreme Court
Here's the content of what the BC Teachers' Federation posted on their website today concerning their Charter/legal challenge of Bills 27 and 28 which were enacted by the BC Liberal government in 2002.
The new legislation ended the BCTF's ability to collective bargain class size and composition; guarantees of service from teacher-librarians, counsellors, learning assistance and other specialist teachers;, the length of the school day, and hours of instruction in the school year:
Legal counsel for the BCTF began opening arguments before Madam Justice Griffin in BC Supreme Court on November 15, in what promises to be a significant case determining the rights of teachers and their unions. The BCTF is challenging Bills 27 and 28, imposed by the BC Liberal government in 2002, because teachers believe the legislation violated their right to freedom of association under the Canadian Charter of Rights and Freedoms. read more »
"Labour Law Central to Constitutional Fight"
Lawyer Kelly Harris at McLennan Ross in Alberta has written a brief entitled "Labour Law Central to Constitutional Fight" (February 2010). It addresses the Supreme Court of Canada's decisions in:
Definition of "strike" in Canada Labour Code does not infringe on Charter of Rights and Freedoms
In Grain Workers' Union, Local 333 v. B.C. Terminal Elevator Operations' Association, 2009 FCA 201, the Federal Court of Appeal confirmed a decision of the Canada Industrial Relations Board that the definition of "strike" in the Canada Labour Code does not infringe on the Canadian Charter of Rights and Freedoms.
A summary of the case by law firm Roper Greyell can be found here.
Canadian Human Rights Tribunal decision may signal death knell for mandatory retirement in federal sector
On July 1, 2009, Nova Scotia amended its human rights legislation in order to prohibit mandatory retirement in most cases. This means that every province and territory in Canada has now either prohibited mandatory retirement outright, or only allows it if it is based on bona fide retirement or pension plans, or a bona fide occupational requirement.
The same cannot be said for federally regulated employers in Canada.
Section 15(1)(c) of the Canadian Human Rights Act (the "Act") still permits employers in the federal sector to impose mandatory retirement policies on their employees if they have reached "the normal age of retirement for employees working in positions similar to the position of that individual".
Sections 15(1)(a) and 15(2) of the Act provide that mandatory retirement policies are not discriminatory if they are based on a bona fide occupational requirement. read more »
BCTF to seek leave to Supreme Court of Canada on "political protests" case
It was reported in an article in today's Vancouver Sun that the BC Teachers Federation will seek leave to appeal to the Supreme Court of Canada on the "political protests" case.
The BC Court of Appeal dismissed their (and the Hospital Employees Union's) appeal in a decision handed down on February 4, 2009.
