Supreme Court reshapes law on judicial review, limits rights of public employees
Posted April 22, 2008

In a landmark 100-page decision, in which all nine judges concurred, the Supreme Court of Canada has significantly reduced the rights of public office holders, and in the course of doing so has redefined the standards courts must apply in deciding whether to judicially review a decision of an arbitrator or administrative tribunal. (more)

Appeal court overturns reinstatement of former Via Rail chair fired by Martin government
Posted March 3, 2008

Throwing into question the fate of $335,000 in damages awarded late last year (November 21, 2007) by the Quebec Superior Court to former VIA Rail chairman Jean Pelletier, the Federal Court of Appeal has overturned a lower court decision ordering Pelletier's reinstatement following a second firing after his first dismissal by the federal government was nullified because of a denial of procedural fairness. (more)

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Collective Bargaining

• Does vote-buying taint the ratification process for a collective agreement?
• Is attempt to induce employees to work non-union illegal?

Disability & Accommodation

• Did restriction to night shift amount to failure to accommodate employee's disabilities?
• Will repeated failures to participate in return-to-work efforts result in denial of employee's accommodation grievance?
• Does protracted recovery from addiction warrant extension of last chance agreement?
• When is order for independent medical examination justified?

Discharge & Discipline

• Are Muslim employees entitled to leave work to attend prayers?
• Is breath and urine test permitted in case of unusual workplace accident?

Education Employment Law

• Are teachers required to take responsibility for students before classes commence?
• Were mandatory meetings for teachers outside instructional day in violation of collective agreement?
• Did school board's mandatory retirement policy discriminate against substitute teacher?
• White supremacist stripped of licence to teach by Ontario College of Teachers

Employment Standards Law

• When will holiday provisions in collective agreement prevail over those in Canada Labour Code?
• Manitoba extends employment standards to agricultural workers

Federal Labour & Employment Law

• Is employer obliged to consider effect on pension entitlement in making dismissal decisions?
• Is a consultant entitled to file a complaint of unjust dismissal under the Canada Labour Code?

Health Care Employment Law

• Workplace harassment: What does it include?
• Did failure to investigate grievance thoroughly breach duty of fair representation?

Health & Safety/Workers’ Compensation Law

• Can disabled workers receive WSIB and STD benefits in respect of the same injury?
• Is WCB policy establishing onset requirement for chronic pain benefits inconsistent with Nova Scotia regulations?

Human Rights and Workplace Privacy

• Are doctor's notes taken during independent medical examination subject to PIPEDA restrictions?
• Is Human Rights Commission entitled to consider discrimination complaint against employer where grievance process ongoing?
• Is employer's zero tolerance drug testing policy discriminatory?
• Did health authority breach pilot's privacy rights by giving information to investigators after accident?

• Did exclusion from temporary management position improperly discriminate against union member?

Labour Law

• Battle in full swing in Saskatchewan over proposed new labour legislation – government fires chair and vice-chairs of labour board
• Scotiabank becomes second big bank to be hit with major overtime class action suit
• New protections for workers' wages and pension contributions on bankruptcy or insolvency remain stalled
• Wal-Mart not required to prove store closing free of anti-union bias, Quebec court rules
• Parliament considers legislation granting unpaid leaves of absence to reserve force members
• Supreme Court of Canada declines to hear appeal of veterans suing federal government for pension fund mismanagement

Pension & Benefit Law

• Court of appeal reinstates claims struck by motions judge in OMERS breach of trust action

Public Service & Crown Agency Employment Law

• Was suspension justified where employee e-mailed photograph of manager asleep at his desk to co-workers?
• Did public servant's posting of "anti-authority" historic quotation on locker justify suspension and transfer?

Women/Pay Equity Employment Law

• $150 million award to correct discriminatory wage gap at Canada Post overturned by Federal Court
• Gender wage inequity continues unabated in Canada, CLC reports – women's wages only 70% of men's

Wrongful Dismissal

• Was employment agreement limiting notice of termination enforceable?
• Did employee's removal from board of directors constitute constructive dismissal?

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