In the case of Keenan v. Canac Kitchens, the Ontario Superior Court of Justice reminds employers of the factors to be considered in discerning whether an independent contractor agreement or relationship is actually not an employee relationship… or something else. Lawrence Keenan worked for Canac from 1976 to 2009. Mr. Keenan’s wife worked for Canac […]
The Federal Court has recently ruled that the Canadian Human Rights Act (the Act) does not include a stand-alone right to procedural accommodation. In a recent application to the Federal Court, the Canadian International Development Agency requested that the Court overturn a decision of the Canadian Human Rights Tribunal. The Tribunal had allowed a complaint […]
In Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada concluded that a non-unionized employee who is suspended with pay is constructively dismissed when there is no express or implied authority for the suspension of the employee and the suspension is both unjust and unreasonable. Mr. Potter, the employee, was a […]
In Saskatchewan Federation of Labour v. Saskatchewan, the Supreme Court of Canada established that the right to strike is constitutionally protected by the freedom of association guaranteed by section 2 of Canadian Charter of Rights and Freedoms (the “Charter”). The Saskatchewan Federation of Labour on behalf of several unions challenged the constitutionality of the Public […]
In Mounted Police Association of Ontario v. Canada (Attorney General), the Supreme Court of Canada decided that excluding members of the Royal Canadian Mounted Police (“RCMP”) from collective bargaining under the Public Service Labour Relations Act, (“PSLRA”), and imposing a non-unionized labour relations regime violated the freedom of association guaranteed by section 2(d) of the […]
Legislative Updates: Bill C-45 and Bill 525 – Amendments to the Canada Labour Code New formula for holiday pay The Jobs and Growth Act, 2012 (“Bill C-45”), amended the Canada Labour Code (“Code”) on March 16, 2015 to simplify the formula for calculating holiday pay for all employees of federally regulated employers, replacing the various formulae that have […]
The Firm welcomes our new Associate, Marie-Michèle Pellerin-Auprix. Marie-Michèle recently completed her articles and has been called to the Bar. We are proud to announce that our Partner, Annie G. Berthiaume, has been appointed as Vice-Chair to the Canadian Industrial Relations Board effective January 2015.
The case began in February 2011 when the British Columbia Teachers’ Federation filed a grievance against the Surrey School Board, which is represented at the bargaining table by British Columbia Public School Employers’ Association. In the collective agreement, the Surrey School Board benefits plan provides birth mothers, birth fathers and adoptive parents with 95% of […]
In Vist v. Best Theratronics Ltd., the Ontario Superior Court considered the impact of non-continuous service on the calculation of reasonable notice of termination in a non-unionized workplace. The Court held that when determining the appropriate amount of reasonable notice of termination, years of service earned prior to periods of service interruptions will be taken […]
In the Summer 2014 issue of EMPlawyers Update, we informed readers about Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, which amends the Employment Standards Act, 2000 (ESA) to create family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. Bill 21 came into force […]
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