Suspension with Pay May Constitute Constructive Dismissal

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 […]

Canada’s Top Court Constitutionalizes the Right to Strike

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 […]

Supreme Court Defines “A Meaningful Collective Bargaining Process”

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 […]