Class action against bank for unpaid overtime given green light
Posted March 4, 2010

On February 19, the Ontario Superior Court certified a class action against the Bank of Nova Scotia on behalf of over 5,000 retail branch employees for $300 million in unpaid overtime. The claim alleges that employees were routinely permitted or required to work overtime to fulfill the demands of their jobs. Launched in the name of a representative plaintiff, Cindy Fulawka, the legal action, which covers personal banking officers, financial advisors, and small business account managers, is based on alleged breach of contract, violation of the Canada Labour Code, and unjust enrichment. (more)

Supreme Court absolves national union of liability for Giant Mine nine-fatality explosion
Posted February 22, 2010

In a long-awaited 9-0 decision, the Supreme Court of Canada has ruled that the CAW as a national union is not liable for the actions of Roger Warren, a local union member who deliberately set an underground explosion that killed nine gold miners in the midst of a bitter and violent strike at the Giant Mine in the Northwest Territories. The Court held that the national union was a distinct legal entity from the local union and was neither directly nor vicariously responsible for what occurred.

Upholding a 2008 decision by the Northwest Territories Court of Appeal that quashed a lower court judge's award of $10.7 million in damages, the Supreme Court also found no liability on the part of either the Northwest Territories government or the Pinkerton's security firm hired by the mining company to protect the miners who replaced the striking workers during the bitter dispute. (more)

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College and University Employment Law

• Was grievance improperly filed as policy grievance?
• Is peer assessment bargaining unit work for which students must be paid?

Employment Standards Law

• Is employer required to continue contributing to dental fund for employee on pregnancy and parental leave?
• Are permanently disabled employees entitled to severance pay?

Federal Labour & Employment Law

• Does definition of "strike" that includes refusal to cross picket line breach Charter rights?
• Are health and safety of crew on federally regulated vessels subject to provincial legislation?

Health Care Employment Law

• Does manager's concern for pregnant nurse's health override medical opinion supporting return to work?
• Did collective agreement provision require arbitration of insured disability benefit claims?

Health & Safety/Workers’ Compensation Law

• $100,000 fine upheld by Alberta court for failing to ensure worker safety
• "Motor vehicle accident" exception to lawsuit bar for occupational injuries – Is forklift a motor vehicle?

Labour Arbitration

• Did implementation of reduced work week violate the collective agreement?
• Was employer directly liable for provision of LTD benefits? Was employee's claim for LTD benefits arbitrable?

Labour Law

• New immigration regulations – crackdown on exploitative employers – or on foreign workers?

Women/Pay Equity Employment Law

• Was dismissal of single parent for refusing overtime due to childcare obligations "family status" discrimination?
• Was employee's failure to file internal complaint an excuse for employer lack of response to sexual harassment?

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