West Fraser Mills Ltd. v. United Steelworkers of America, 2012 BCCA 50

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 »

Driol v. Canadian National Railway Company, 2011 BCCA 74

In October 2009, I wrote about the PEI Human Rights Commission hearing on mandatory retirement at the University of PEI. The complaint had been brought by three former faculty members at the university. The mandatory retirement policy in question forms part of the collective agreement between the university and the faculty association. 

I can now update this case, although it's a few months after the fact.

The university's VP Finance & Facilities, Gary Bradshaw, issued the following statement on the university's website on June 6, 2010:

Update on Mandatory Retirement: Message from VP Finance & Facilities  read more »

International Union of Elevator Constructors, Local 1 v. Otis Canada Inc. [2010] B.C.C.A.A.A. No. 121 (QL) (Steeves) (August 30, 2010)

The three cases are:

1. Syndicat de la fonction publique du Québec v. Quebec (Attorney General), 2010 SCC 28
   
2. Syndicat des professeurs du Cégep de Ste-Foy v. Quebec (Attorney General), 2010 SCC 29
3. Syndicat des professeurs et des professeures de l'Université du Québec à Trois-Rivières v. Université du Québec à Trois-Rivières, 2010 SCC 30

R. v. Conway, 2010 SCC 22

Acuren Group Inc. v. Tremblay, 2010 BCSC 689

In addition to presenting an audio conference on the "Top Ten" Canadian employment law and wrongful dismissal cases (see my previous post), Lancaster House recently presented on the "Top Ten Canadian Court Cases on Arbitration". Again, in no particular order, the cases and the issues they address, are:  read more »

The BC Maritime Employers Association ("BCMEA") submitted a complaint yesterday to the Canadian Human Rights Commission against the International Longshore and Warehouse Union ("ILWU").

The BCMEA is calling it an "unprecedented step" taken because of "the urgent need to provide an inclusive workplace at the waterfront in British Columbia".

The BCMEA further states that it had "no other choice" but to file the complaint due to "the refusal of the ILWU to participate in timely and meaningful action to move toward equality in the workplace."

The complaint  - a summary of which can be found here - alleges that the ILWU Canada and its various local Unions are engaging in various discriminatory practices contrary to section 10 of the Canadian Human Rights Act ("CHRA").  read more »