Statute
Canada Labour Code
97 published works
Global Workplace Insider
A new criterion for unreasonableness: The obligation for adjudicators to demonstrate their consideration of progressive discipline
In a recent decision of the Federal Court of Canada, the Court had occasion to apply the Supreme Court of Canada's decision in Wilson v Atomic Energy of Canada ltd…
Global Workplace Insider
Federal unionized employers – Proposal for anti-scab provisions rejected
By Patrick Galizia, Global Workplace Insider Team
In March 2016, we issued a legal update discussing Private Member’s Bill C-234. This Bill, tabled by the NDP, proposed the introduction in the Canada Labour Code of measures comparable…
Canada in Focus
Canada’s genetic discrimination bill: what are the implications for employers?
Bill S-201, An Act to prohibit and prevent genetic discrimination proposes to make important amendments to federal legislation, specifically, the Canada Labour Code, RSC 1985, c L-2 (the “CLC”) and the Canadian…
Global Workplace Insider
Employees Entitled to Impartial Review of Workplace Violence Complaints
The Federal Court of Appeal recently had a chance to review a decision by the Occupational Health and Safety Officer on the question of who should be in charge of…
Global Workplace Insider
Wilson v. AECL – Generosity is Not Enough: Federally Regulated Employers Must Have Cause to Dismiss Non-Unionized Employees
At common law, a non-unionized employee can be dismissed without reasons if he or she is given reasonable notice or pay in lieu. Today, a majority of the Supreme Court…
Global Workplace Insider
Investigating Workplace Violence under the Canada Labour Code
What responsibilities does a federal employer have to appoint a competent person to investigate a complaint of work place violence under the Canada Labour Code? The Federal Court of Appeal…
Global Workplace Insider
Canada Day Reminder: New holiday rules under the Canada Labour Code
By Heather Cameron, David W. Foster
With Canada Day fast approaching, it is an opportune time to remind employers within the federal jurisdiction of the new requirements under the Canada Labour Code for the calculation of…
Global Workplace Insider
Federally regulated employers can now terminate without just cause
The recent Federal Court of Appeal decision in Wilson v Atomic Energy of Canada Limited addressed the long-standing question of whether federally regulated employers under the Canada Labour Code can terminate…
Global Workplace Insider
Estoppel applied by Saskatchewan Court of Appeal to prevent compensation change
In the recent decision of Viterra v Grain Services Union, 2013 SKCA 93 the Saskatchewan Court of Appeal reaffirmed the power of arbitrators to hold parties to past practice in applying a collective…
Global Workplace Insider
Federal Court of Canada Finds “Without Cause” Dismissals Permitted Under the Canada Labour Code
In the recent case of Wilson v. Atomic Energy of Canada Ltd. (“AECL”) 2013 FC 733, the Federal Court confirmed that companies subject to the Canada Labour Code (the “Code”)…