Category: Labour/Employment Page 10 of 12

Once Again, ABCA deals with Jurisdictional Issue of Labour Arbitration Board vs. Human Rights Commission

Previously, the Alberta Court of Appeal dealt with the issue of what would occur if both the Human Rights Commission and another administrative body (such as a labour arbitration board) might have jurisdiction over an issue. In two decisions released one right after the other, Calgary Health Region v Alberta Human Rights and Citizenship Commission and Diana Hurkens-Reurink, 2007 ABCA 120 and Amalgamated Transit Union, Local 583 v City of Calgary and Labour Arbitration Board, 2007 ABCA 121, the ABCA held that where two tribunals were available, the employee or his/her union could pursue either avenue for a remedy. However, the Court also made it clear that the first tribunal’s decision might be binding on the second tribunal. Consequently, if the labour arbitrator found that there was no discrimination in the case, that ruling would probably be binding on the Commission (if that process occurred later).

Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

By Linda McKay-Panos

On January 24, 2011

In Human Rights, Labour/Employment

PDF version: Alberta Court of Appeal Decides Syncrude not an Employer under Human Rights Legislation

Case commented on: Lockerbie & Hole Industrial Inc v Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3

It is perhaps ironic that in a decision where the Human Rights Panel found that there had been no discrimination, one of the respondents used the occasion to appeal the finding that it was an employer under the (then) Alberta Human Rights, Citizenship and Multiculturalism Act (currently Alberta Human Rights Act, RSA 2000, c A-25-5), and therefore subject to the Act. Since the structure of the “employment” relationship at issue in this case is commonly practiced in Alberta, the Court of Appeal ruling on whether Syncrude was an employer could have a significant impact on Alberta human rights law.

Pilot from Airdrie is Successful in Mandatory Retirement Case

By Linda McKay-Panos

On November 19, 2010

In Human Rights, Labour/Employment

PDF version: Pilot from Airdrie is Successful in Mandatory Retirement Case

Case considered: Vilven v Air Canada and Air Canada Pilots Association; Kelly v Air Canada and Air Canada Pilots Association, 2009 CHRT 24; Remedy: 2010 CHRT 27

Recently, an Air Canada pilot from Airdrie, George Vilven, together with pilot Neil Kelly, succeeded in challenging Air Canada’s mandatory retirement policy. Mandatory retirement in human rights law has seen some interesting developments over the years. There are currently no laws in Canada that force a person to retire. In addition, the federal and most provincial governments prohibit age discrimination in their human rights legislation. Nevertheless, mandatory retirement does exist in Canada, and whether you are forced to retire and when, depends on where you live.

Who is a Farm Worker? And Why Does It Matter?

By Jennifer Koshan

On August 31, 2009

In Constitutional, Labour/Employment

By: Jennifer Koshan

PDF Version: Who is a Farm Worker? And Why Does it Matter?

Case Commented On: R v Northern Forage Inc., 2009 ABQB 439

Alberta marked its 5th annual Farm Workers Day on August 20, 2009. As in previous years, the event provided an opportunity to advocate for equal protection for farm workers under Alberta’s labour and employment laws. Farm workers are currently excluded from the following laws: (1) protections regarding wages, overtime, holidays, and hours of work (see Employment Standards Code, R.S.A. 2000, c.E-9, section 2(4)); (2) mandatory coverage for workers compensation (see Workers’ Compensation Regulation, Alta. Reg. 325/2002, Schedule A); (3) work-related health and safety protections (see Occupational Health and Safety Act, R.S.A. 2000, c. O-2, section 1(s)); and (4) protections related to the unionization of workers (see Labour Relations Code, R.S.A. 2000, c. L-1, section 4(2)(e)). This makes Alberta one of the most lax provinces in Canada in terms of farm worker protection. Groups such as the Alberta Federation of Labour have called for an end to such exclusions, and a recent inquest into the fatality of agricultural worker Kevan Chandler led Judge Peter Barley to recommend that “paid employees on farms should be covered by the Occupational Health and Safety Act…” (at 7). Until the Alberta government amends the relevant legislation, however, questions may arise as to which workers are covered by the exclusions.

Canada’s Temporary Immigration System

By Kristyn Stevens

On June 4, 2009

In Constitutional, Immigration and Refugee Law, Labour/Employment

Report considered: Standing Committee on Citizenship and Immigration, Temporary Foreign Workers and Non-Status Workers (May 2009)

PDF version: Canada’s Temporary Immigration System

“If a person is good enough to work here, a person is good enough to stay here.” This was the sentiment expressed in the recently released Report of the Standing Committee on Citizenship and Immigration, entitled Temporary Foreign Workers and Non-Status Workers (40th Parl., 2nd Sess. (May 2009)). Canada’s Temporary Foreign Worker’s Program was established to meet short-term labour shortages in the Canadian economy. Despite this initial goal, it has actually become more of a long-term solution to labour shortages and for immigrants wishing to make Canada their home. Temporary Foreign Workers (TFWs) remain in Canada for longer than the intended period, but maintain their “temporary status” and the limited rights that go along with that.