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Judicial Review

CP Railway CEO says company will challenge arbitrator’s order to reinstate "cocaine-using" locomotive engineer

Jurisdiction: - Canada/Federal
Sector: - Transportation

Here's an interesting news release that Canadian Pacific Railway Limited issued on July 16, 2014 concerning an arbitrator's decision to order an employee re-instated:

Canadian Pacific Railway Limited (TSX/NYSE: CP) announced today it will be asking the Superior Court of Quebec to stay a July 14, 2014 decision by the Canadian Railway Office of Arbitration (CROA), which ruled a locomotive engineer, who consumed cocaine at a time and of a quantity which could impact his duties, must be reinstated.

CP also announced it will be appealing the agency's order to the Superior Court of Quebec asking it to overturn the decision.  read more »

SCC: Wal-Mart's decision to close recently unionized store in Quebec violated "statutory freeze" provisions

In United Food and Commercial Workers, Local 503 v. Wal‑Mart Canada Corp. 2014 SCC 45, a 5/2 majority of the Supreme Court of Canada ruled that Wal-Mart's decision to close a recently unionized store in Jonquière, Quebec violated the "statutory freeze" provisions found in Section 59 of the Quebec Labour Code.

The case headnote is as follows:   read more »

Federal Court of Appeal lays out test for family status discrimination as it relates to childcare matters

Jurisdiction: - Canada/Federal

The Federal Court of Appeal ("FCA") issued two decisions on May 2, 2014, in which it laid out the test for family status discrimination as it relates to childcare matters. Subject to a further appeal to the Supreme Court of Canada, this test is binding on federally regulated employers. The two cases are:  read more »

Supreme Court of Canada to hear union's appeal of case concerning random alcohol testing in workplace

Jurisdiction: - New Brunswick
Sector: - Forestry

In a decision issued on March 20, 2012, the Supreme Court of Canada announced that it would hear the appeal of a case involving an employer's right to conduct random alcohol testing in the workplace

Some key facts concerning the case:  read more »