Mandatory retirement disapproved, loophole closed in federal Act
Posted October 20, 2009

Reversing an earlier decision, the Canadian Human Rights Tribunal has ruled that the provision in the Canadian Human Rights Act allowing mandatory retirement at the "normal age of retirement" is an unjustified breach of the Charter of Rights and Freedoms. As a result, the Tribunal refused to give effect to the mandatory retirement of Air Canada's pilots at age 60. Both the airline and the Air Canada Pilots Association have said that they will appeal the ruling. (more)

Wal-Mart's closing of unionized store breached Labour Code, arbitrator finds
Posted October 1, 2009

By closing its first unionized outlet in North America in 2005 and throwing some 190 employees out of work less than a year after union certification was granted and before a first contract could be achieved, U.S.-based retail giant Wal-Mart violated a prohibition in the Quebec Labour Code against changing "the conditions of employment" of employees after an application for certification had been filed, a Quebec arbitrator has found. The arbitrator held that it did not suffice for Wal-Mart to invoke unspecified "business reasons" for the store closing and the resulting layoffs, without explaining satisfactorily what those reasons were. (more)

(To view samples of E-Bulletins click on the title links below. For more information or to subscribe, click here.)

Firefighters/Fire Services Employment Law

• Were comments made by fire chief an unfair labour practice?
• Did past practice preclude city from relying on strict time limits in collective agreement?

Health Care Employment Law

• Did collective agreement entitle nurses on emergency call-backs to breaks?
• Did collective agreement allow carry-over of vacation?

Health & Safety/Workers’ Compensation Law

• Are worker's disability benefits "earnings" that reduce entitlement to workers' compensation?
• Does work refusal based on safety require expectation of illness/injury every time the situation arises?

Labour Arbitration

• Does right to wear union pins have an intrinsic value which justifies an award of damages if breached?
• Were employees on modified duties following injury entitled under collective agreement to be paid regular wages?

Labour Board Law

• Is Wal-Mart store closing in Quebec an unfair labour practice in Saskatchewan?
• Did Quebec Labour Relations Board err in not ordering reinstatement of employees after relocation of retail outlet?

Police Employment Law

• Are RCMP officers entitled to unionize under Charter's guarantee of freedom of association?
• When must officer's disciplinary records be disclosed to accused in criminal proceeding?

Wrongful Dismissal

• Did employer negligently inflict mental suffering on mentally troubled employee?
• Accepting bribes, watching porn: are they cause for dismissal?

Women/Pay Equity Employment Law

• Was pregnant employee entitled to compensation for discriminatory layoff?
• Did company's job requirements discriminate against women in hiring?

By accessing this web site and any pages thereof, you agree to be bound by the terms of the Legal Notices. If you do not agree with the terms of these Legal Notices, do not access this web site or any pages thereof.

© Copyright 1999-2009 Lancaster House.
All Rights Reserved.