Category: Labour/Employment Page 6 of 12

By: Linda McKay-Panos

PDF Version: Supreme Court Limits Employment Relationship in Human Rights Cases

Case commented on: McCormick v Fasken Martineau DuMoulin LLP, 2014 SCC 39

In an earlier post, I expressed hope that in McCormick, the Supreme Court of Canada would clear up the issue of “employment” in human rights cases. They have certainly spoken, but perhaps have not cleared up the issue in the way I was hoping they would.

Until recent times, employment (i.e. the legislative terms “employ”, “employee”, “employer”) was given a large and liberal interpretation, in keeping with the notion that human rights law is quasi-constitutional. For example, an employment relationship would be found to exist for human rights law, where it might not be found for tax law. The trend of narrowing the interpretation of employment may contradict the educational and remedial purposes of human rights law. Concerns about this trend in law may explain why several human rights commissions —including Alberta’s—intervened in this Supreme Court of Canada case.

Challenging the Farm Work Exclusions in the Employment Standards Code

By Admin

On May 27, 2014

In Constitutional, Labour/Employment

By: Graham Martinelli and Andrew Lau

PDF Version: Challenging the Farm Work Exclusions in the Employment Standards Code

Legislation Commented On: Employment Standards Code, RSA 2000, c E-9

Editor’s Note

This is the fourth and final post in the series written by students in Law 696: Constitutional Clinical in the winter term of 2014. For the other posts see here, here and here.).

Introduction

In 2014, an adolescent (ages 12-14) working in the food industry in Alberta is restricted from participating in any work involving a deep fryer in a kitchen because deep fryers are deemed to be too unsafe for adolescents to operate (Employment Standards Regulations, Alta Reg 14/1997, s. 51(a)). Regardless of the task engaged in, adolescents working in the food industry must be accompanied by an adult older than 18 years old whenever they work (Employment Standards Regulations, s. 53(3)(b)). Yet, if that same child, or their younger sibling, worked on a farm instead of in a kitchen there would be no similar restrictions on the conditions of their employment. Farm children of any age younger than 15 can operate dangerous heavy equipment without adult supervision, and the laws of Alberta do almost nothing to regulate this scenario.

The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act

By Admin

On May 14, 2014

In Constitutional, Labour/Employment

By: Nelson Medeiros and Robin McIntyre

PDF Version: The Constitutionality of the Exclusion of Farm Industries under the Alberta Workers’ Compensation Act

Legislation Commented On: Workers’ Compensation Act, RSA 2000 c W-15

As part of the Constitutional Clinical Law class at the University of Calgary, we studied the constitutionality of the exclusion of farm workers from four statutes in Alberta; the Occupational Health and Safety Act, RSA 2000 c O-2 [OHSA], Labour Relations Code [LSC], RSA 200 c L-1, Employment Standards Code, RSA 2000 c E-9 [ESC], and the Workers’ Compensation Act, RSA 2000 c W-15 [WCA]. With respect to the WCA, we developed arguments as to why the exemption of the agricultural industries from mandatory inclusion under the Workers’ Compensation Act violates s. 7 and s. 15 of the Canadian Charter of Rights and Freedoms [Charter]. For earlier posts on the constitutionality of the OHSA and LRC see here and here.

The Statutory Exclusion of Farm Workers from the Alberta Labour Relations Code

By Admin

On May 2, 2014

In Constitutional, Labour/Employment

By: Brynna Takasugi, Delna Contractor, and Paul Kennett

PDF Version: The Statutory Exclusion of Farm Workers from the Alberta Labour Relations Code

Legislation Commented On: Labour Relations Code, RSA 2000, c L-1

Editor’s Note

This is the second in the series of four posts written by students in Law 696: Constitutional Clinical in the winter term of 2014 (for the first post in this series see here). This post focuses on the exclusion of farm workers from Alberta’s Labour Relations Code, RSA 2000, c L-1, (LRC), and is being published to coincide with May Day and International Workers’ Day (May 1), as it concerns the inability of farm workers to unionize and collectively protect their interests. The following is a summary of the students’ primary arguments regarding the unconstitutionality of the LRC’s exclusion of farm workers.

Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

By Admin

On April 28, 2014

In Constitutional, Labour/Employment

By: Kay Turner, Gianna Argento, and Heidi Rolfe

PDF Version: Alberta Farm and Ranch Workers: The Last Frontier of Workplace Protection

Legislation Commented On: Occupational Health and Safety Act, RSA 2000, c O-2

Editor’s Note

This is the first in a series of four posts written by students in Law 696: Constitutional Clinical in the winter term of 2014 (supervised by Professor Jennifer Koshan). The students worked with several clients and developed arguments for constitutional challenges to the exclusion of farm workers from labour and employment legislation in Alberta. April 28, 2014 is the 18th Annual International Day of Mourning for workers killed and injured on the job, and the Edmonton and District Labour Council is focusing on the plight of farm workers in their service today (6:00 pm at Grant Notley Park, 11603-100th Avenue). The Calgary & District Labour Council’s is also holding a service today for the Day of Mourning (12:15 pm at the City of Calgary Workers Memorial, Edward Place Park, at the SE corner of City Hall). Accordingly, we launch this series with a post on Alberta’s Occupational Health and Safety Act, which protects worker health and safety (but excludes most farm and ranch workers). Subsequent posts will deal with the exclusion of farm workers from the Employment Standards Code, RSA 2000, c E-9, the Labour Relations Code, RSA 200 c L-1, and the Workers’ Compensation Act, RSA 2000 c W-15.