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January 2005

Duty to accommodate may not require tolerating excessive absenteeism

The Federal Court Trial Division recently overturned two decisions of the Canadian Human Rights Tribunal (the “Tribunal”) involving significant damages awards against a transit employer. The Tribunal’s decisions were made in relation to two full-time bus drivers, Desormeaux and Parisien….

Ontario government introduces bill to amend Labour Relations Act

On November 3, 2004, Ontario’s Liberal government introduced Bill 144, a bill to amend the province’s Labour Relations Act. If passed into law, Bill 144 amendments will authorize the Ontario Labour Relations Board to: order remedial certification where no other…

Court sets aside arbitrator’s reinstatement of CBC reporter

The BC Supreme Court has set aside an arbitrator’s decision which overturned the discharge of a CBC radio reporter for anonymously mailing a box of contaminated chocolates to the head of a political lobby group. The arbitrator had determined that…

No Aboriginal right to regulate labour relations on reserve

On November 30, 2004, the Ontario Labour Relations Board released full reasons for its December 12, 2003 decision that Aboriginal rights do not encompass the right to regulate labour relations on reserve land. The Mississaugas of Scugog Island First Nation…

Employer entitled to review grievor’s medical records

In a majority judgment released January 12, 2005, the BC Court of Appeal overruled an arbitrator’s decision which had limited disclosure of a grievor’s medical records to the employer’s counsel and medical experts, and had prevented the employer from reviewing…

$10.7 million awarded in Giant Mine wrongful death suit

The Northwest Territories Supreme Court recently awarded $10.7 million in damages to the surviving family members of nine strike replacement miners who were killed when the Giant Mine near Yellowknife, Northwest Territories was bombed in 1992 during a violent labour…

January 2005

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