In Coast Mountain Bus Company, the British Columbia Court of Appeal recently restored a British Columbia Human Rights Tribunal decision that found that certain aspects of Coast Mountain’s attendance management program (“AMP”) were discriminatory. This decision of the Court of Appeal overturned a 2009 decision of the British Columbia Supreme Court. Coast Mountain’s AMP program […]
Since the enactment of the Human Resources Professionals Association of Ontario Act, 1990, human resources professionals in Ontario have been a self-regulated profession, governed by the Human Resources Professionals Association (HRPA). Currently, the HRPA sets standards of practice and grants designations, including the Certified Human Resources Professional (CHRP) designation and the Senior Human Resources Professional […]
As part of the initiative to implement recommendations put forward by the Expert Advisory Panel on Occupational Health and Safety led by Tony Dean, the Ministry of Labour has proposed a new regulation under Ontario’s Occupational Health and Safety Act (“OHSA”, “the Act”). The regulation would assist workers who believe they have suffered a reprisal […]
In a recent decision, the Ontario Divisional Court held that the Ontario Labour Relations Board (the “Board”) cannot extend the time limits for the referral of a grievance to arbitration. In Greater Essex County District School Board v. United Association, the Collective Agreement between the parties contained a time limit for the referral of a […]
In National Steel Car Ltd. v. United Steelworkers, Local 7135, Arbitrator Craven addressed a situation of workplace violence and the impact of Bill 168. The grievor was a radio control crane operator who worked under the direction of Al Gogo, a lead hand, and under the supervision of foreman Albert Cule. There was a history […]
In Jones v. Tsige, the Ontario Court of Appeal recognized the right to bring a civil action for damages for invasion of personal privacy. Two employees of the Bank of Montreal, Sandra Jones and Winnie Tsige, worked at different branches of the bank and did not know each other. However, Tsige had formed a common-law […]
Bird Richard is pleased to announce that Annie G. Berthiaume has joined the Firm as a Partner and Lynne Poirier has joined as a senior associate. Annie was called to the Bars of Quebec and Ontario in 2002. Fluently bilingual, Annie represents employers in labour and employment matters and has appeared before various administrative tribunals, […]
In Complex Services and OPSEU Local 278, Arbitrator Surdykowski confirmed that, regardless of the existence of individual privacy rights, employers still have the right to request and even require that employees provided medical information in certain circumstances. The employer in this case had become concerned about the grievor’s mental health upon her return from a […]
A judge of the Saskatchewan Court of Queen’s Bench has ruled that the right to strike is constitutionally protected by section 2(d) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of association. Saskatchewan’s Public Service Essential Services Act (PSESA) prohibits public sector workers that perform essential services from striking. The legislation also […]
The Supreme Court of Canada has clarified the test for determining whether a matter has been “appropriately dealt with” in another proceeding: the Court has confirmed that human rights tribunals cannot review human rights decisions of other administrative decision makers. In British Columbia (Workers’ Compensation Board) v. Figliola, three injured employees had received compensation payments […]