The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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Bill C-86 Introduces New Pay Equity Act

January 18, 2019

On October 29, 2018, the federal government tabled Bill C-86, an omnibus bill aimed at implementing further aspects of the government’s Budget 2018. The Bill received Royal Assent on December 13, 2018 and will come into force on a date to be ordered by the Governor in Council. The Bill contained provisions to modernize the Canada Labour Code, which we have discussed in a previous Focus Alert (Federal Government Proposes Significant Amendments to the Canada Labour Code in Bill C-86). The bill also introduced a new Pay Equity Act (the “Act”) for federally regulated employers. This Focus Alert provides a…

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January 15, 2019 – New drone safety regulations announced following Gatwick kerfuffle

January 15, 2019

TOP STORY Minister Garneau unveils Canada’s new drone safety regulations   DECISIONS On board service managers – Air Canada v CUPE, AC Component – 2019 CanLII 96 (CA LA) Air Canada implemented the On Board Service Managers program (“OBSM”) – union filed multiple grievances alleging, amongst other things, demotion without just cause, interference with representation rights, improper use of crew rest facilities – OBSM program designed to enhance customer service – program imposed new workplace assessment process – union challenged program and results – arbitrator ruled that OBSM was valid program – allowed grievances in part – OBSM was reasonable,…

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Ontario Court of Appeal upholds constructive dismissal – without pay suspensions must be justified

January 2, 2019

In its decision Filice v. Complex Services Inc., the Ontario Court of Appeal provides useful guidance on the question of when an administrative suspension of a non-union employee will amount to constructive dismissal. Mr. Filice, the plaintiff employee, worked as a supervisor for a security contractor to casinos in southern Ontario, beginning in 1999. In 2007, Mr. Filice came under suspicion of theft, after an audit by the Alcohol and Gaming Commission of Ontario (“AGCO”). The AGCO, the Ontario Provincial Police, and the employer initiated separate investigations into the matter. The employer suspended Mr. Filice without pay while its investigation was…

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Ontario’s omnibus legislation impacting pay transparency, collective bargaining in the fire sector and pensions receives Royal Assent

December 17, 2018

On November 15, 2018, the Ontario government introduced Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 (“Bill 57”). Bill 57 received Royal Assent on December 6, 2018. Bill 57 amends over 40 statutes in Ontario and contains significant changes to, among other things, pay transparency, interest arbitration in Ontario’s fire sector and pension administration and benefits. Bill 57 “defers” Pay Transparency Act, 2018 Bill 57 defers the coming into force of the Pay Transparency Act, 2018 (“TPA”) to an unspecified future date. Although not in effect, the TPA would prohibit employers from seeking compensation history information about applicants…

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December 14, 2018 – Service director conjures illness to avoid work, doesn’t make termination disappear

December 15, 2018

TOP STORY Air Canada and CUPE (JL) – 2018 CarswellOnt 19737 Termination grievance – Service director with 7 years of service and a 10-day suspension and final warning on record was terminated – abuse of sick leave – grievor was magician and performer – booked show conflicting with work schedule – attempted to make conflict work – day before conflict, grievor came down with neck pain – booked off – now free due to sick leave, performed at show on conflict day – just cause established, grievance dismissed – grievor’s record showed prior issues, demanded his “exemplary conduct” – grievor misled employer by…

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British Columbia Court of Appeal considers application of Workers Compensation Act to out-of-Province injury suffered by non-resident employee

December 13, 2018

A recent decision of the British Columbia Court of Appeal (the “BCCA”) highlights the complexities that may arise when applying workers compensation legislation to out-of-province injuries and non-resident employees. In Air Canada v. British Columbia (Workers’ Compensation Appeal Tribunal) (October, 2018), the claimant, Ms. Zechel, was a flight attendant employed by Air Canada. Although she resided in Winnipeg, her flight assignments originated and terminated at the Vancouver International Airport. Most of Ms. Zechel’s working hours were spent aboard flights in airspace outside of British Columbia (“BC”). In May 2012, while flying outside of BC airspace, Ms. Zechel detected an acrid odour…

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Ontario’s workplace laws continue to be the target of change as the government introduces Bill 66 – Restoring Ontario’s Competitiveness Act, 2018

December 12, 2018

Ontario continues its workplace law reform with the introduction of Bill 66, Restoring Ontario’s Competitiveness Act, 2018. Introduced on December 6, 2018, Bill 66 is omnibus legislation that proposes regulatory amendments to a number of statutes including the Employment Standards Act, 2000 (“ESA”), the Labour Relations Act, 1995 (“LRA”) and the Pension Benefits Act. The proposed amendments in Bill 66 remove a number of regulatory burdens on employers relating to items ranging from the posting of ESA information to the merger of pension plans. Employment Standards Act ESA Poster The ESA currently requires the Minister of Labour to publish a poster setting…

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Arbitrator states worker’s use of medical cannabis results in “unacceptable increased safety risk”- grievance dismissed

December 7, 2018

The recent legalization of recreational cannabis has highlighted the fact that there are a number of questions regarding the impairing effects of cannabis and how they may be measured. These questions generally focus on driving under the influence of cannabis and the apparent lack of technology to quickly and accurately measure impairment levels. As a recent arbitration decision from Newfoundland demonstrates, these issues are also arising in the workplace in the context of medically-authorized cannabis use. In Re International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard) (April 2018), the grievor alleged that the employer failed to…

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December 5, 2018 – Proposed changes to the Canada Labour Code

December 5, 2018

TOP STORY New Canada Labour Code amendments proposed   Decisions Harassment and administrative discharge – Air Canada v Unifor 2002 – 2018 CanLII 112823 Grievor discharged for not reintegrating to the workplace – grievor was harassed by several co-workers – granted workers’ compensation – compensation board eventually cleared for work – grievor did not feel she could continue to work – employer sensitive to concerns, but eventually discharged – arbitrator ruled dismissed grievance – also awarded grievor one years’ salary Denial of utility review – Fetaz, Re – 2018 CarswellAlta 2811 Power commission applied for approval to construct and operate wind turbines – applicants for…

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Federal Government Proposes Significant Amendments to the Canada Labour Code in Bill C-86

November 29, 2018

On October 29, 2018, the federal government tabled Bill C-86, an omnibus bill aimed at implementing further aspects of the government’s Budget 2018. The Bill introduces a new Pay Equity Act and contains provisions amending the Canada Labour Code (the “Code”). The Standing Committee on Finance adopted some amendments to the proposed Pay Equity Actand other provisions of the Bill, while the Code provisions remained unchanged. The amendments were accepted on November 27, 2018 at the Report stage, and the Bill is currently awaiting Third Reading in the House of Commons. In a previous Focus Alert, we discussed on an…

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November 27, 2018 – Sky Regional pilots choose ALPA

November 27, 2018

TOP STORY Sky Regional Airlines – Order No. 11337-U Application for certification – Air Line Pilots Association received certification – bargaining unit description: all pilots employed by Sky Regional Airlines Inc., excluding Assistant Chief Pilots, managers and anyone above those ranks   CTA Decisions Application – Flair Airlines Ltd. c-o-b as Flair Air, on behalf of itself and Travel Service – Determination No. A-2018-248 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Select Aero Inc, c-o-b as Select Aero and Select Aviation – Determination No. A-2018-246 Pursuant…

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Bill 47, Making Ontario Open for Business Act, 2018, Receives Royal Assent

November 22, 2018

The Ontario government introduced Bill 47, the Making Ontario Open for Business Act, 2018, on October 23, 2018. As discussed in a previous Focus Alert, the Bill proposed amendments to the Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995 (the “LRA”) repealing many of the changes implemented by the former Liberal government’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Bill 47 received Royal Assent on November 21, 2018. The Standing Committee on Finance and Economic Affairs (“Standing Committee”) did not make any changes to the Bill 47 provisions regarding the ESA, as summarized in our previous Focus…

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November 20, 2018 – A brand with Flair

November 20, 2018

TOP STORY A new Flair carrier   Decisions Pilot age discrimination – Bradley v Onni Group of Companies, 2018 BCHRT 250 Pilot applied for job as business pilot – application refused because company looking for “young guy” – pilot attempted to apply again – no response – pilot filed timely application with the Canadian Human Rights Commission (CHRC) – CHRC refused jurisdiction – pilot filed in British Columbia Human Rights Tribunal – company objected to timeliness of application – application allowed by tribunal – it is in the public interest to hear pilot’s complaint on its merits   CTA Decisions…

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November 13, 2018 – 747 skids off runway, aircraft sustains significant damage

November 13, 2018

TOP STORY TSB investigators in Halifax after 747 cargo jet goes off runway   CTA DECISIONS Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-234 Pursuant to subsection 69(1) of the Canada Transportation Act Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-233 Pursuant to subsection 73(2) of the Canada Transportation Act Application – WestJet on behalf of itself and Qantas Airways Limited – Determination No. A-2018-232 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Jet Airways (India) Limited, on behalf of itself and Hong Kong Airlines Limited –Determination No….

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November 8, 2018 – Ontario Continues to Keep Students Safer to Provide better Learning

November 8, 2018

Bill 48, the Safe and Supportive Classrooms Act, 2018, was introduced by the Minister of Education in the legislature on October 25, 2018. The Bill, if passed, will amend the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, and the Teaching Profession Act by expanding the definitions of professional misconduct and sexual abuse and providing for the mandatory revocation of a member’s certificate if a discipline committee finds the member guilty of an act of professional misconduct that includes sexual abuse of a child, a prohibited act involving child pornography or a prescribed sexual act. The proposed amendments clarify that sexual abuse…

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