On May 1, 2014, the Supreme Court of Canada affirmed, in Dionne v. Commission scolair des Patriotes, 2014 SCC 33, an employee’s right to refuse unsafe work under occupational health and safety legislation.
The Canada Labour Code, RSC 1985, c L-2 (the “Code”) applies to federally regulated employers in Canada. The following changes to Part III of the Code addressing Standard Hours, Wages, Vacations and Holidays came into effect on April 1, 2014
Employers often struggle with balancing their obligation to accommodate disabled employees and determining when the employment relationship has become “frustrated” in that a disabled employee is no longer capable of performing his or her job. A recent decision of the Ontario Human Rights Tribunal offers some clarity on this issue.
There are a number of recent and significant amendments to the New Brunswick Workers Compensation Act and the Occupational Health and Safety Act which will come into effect on June 1, 2014.
On December 13, 2013, the Supreme Court of Canada clarified that pension benefits, regardless of the type of pension plan, are not deductible from wrongful dismissal damages: IBM Canada Limited v. Waterman, 2013 SCC 70.
The Employment Standards Act (“ESA”) sets minimum rights and responsibilities for all provincially regulated employers and employees in the Province of New Brunswick. The ESA regulates minimum wages, vacation pay, public holiday pay, leave, etc. If an employer violates an employee’s rights under the ESA, the employer may be ordered to comply with provisions of the ESA and/or to compensate the employee for amounts owed to them under the ESA.
In its decision in Amaratunga v Northwest Atlantic Fisheries Organization (“NAFO”), 2013 SCC 66, released on November 29th, 2013, the Supreme Court of Canada (“SCC”) confirmed that international organizations operating in Canada may enjoy immunity from certain Canadian laws, including wrongful dismissal actions by senior employees. NAFO is an international organization with its headquarters located in Dartmouth, Nova Scotia. NAFO’s objective is to contribute through consultation and cooperation to the optimum utilization, rational management and conservation of the fishery resources of the NAFO Convention Area.
In the recent decision of Hamilton-Wentworth District School Board, 2013 HRTO 440, the Human Rights Tribunal of Ontario (the “Tribunal”) awarded an extensive remedy to an employee (the “Employee”), including 9 years of lost wages, after finding that her employer (the “Employer”) had discriminated against her by failing to accommodate the Employee’s disability-related needs and subsequently terminating her employment.
In the recent decision of Atomic Energy of Canada Limited v Wilson, 2013 FC 733 [AECL], the Federal Court held that Canada Labour Code does not prohibit employer from terminating employees without cause.
In a recent decision of the Ontario Court of Appeal, General Motors of Canada Limited v. Johnson, 2013 ONCA 502, it was confirmed that an employee’s honest belief that they are being discriminated against is not, in and of itself, a sufficient basis on which to find workplace harassment and discrimination.