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)
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