THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On Labour and Employment

Police Chief’s Decision Returned for Review: Toronto (Police Association) v Toronto (Police Services Board)

In Toronto (Police Association) v Toronto (Police Services Board), 2015 ONCA 188 [Toronto v Toronto], the Ontario Court of Appeal (“ONCA”) considered the interaction between the collective agreement that governs the employment of police officers (“CA”), and the Police Services Act, RSO 1990, c P15 [PSA]. The question was whether a particular decision of the […]

“Persistent Discord” and the Standard of Review in Dismissal Cases: Wilson v Atomic Energy

In Wilson v Atomic Energy of Canada Limited, 2015 FCA 17 [Wilson], released January 22, 2015, the Federal Court of Appeal (“FCA”) dismissed an appeal relating to a dismissal from employment under the Canada Labour Code, RSC 1985, c L-2 [CLA]. This judgment covers a broad range of administrative law issues, clarifying the permissibility of dismissal without […]

Employer Wrongfully Operated in Secret: Potter v New Brunswick Legal Aid Services

The Supreme Court of Canada’s (“SCC”) decision in Potter v New Brunswick Legal Aid Services, 2015 SCC 10 [Potter], calls on employers to communicate transparently with employees, unless legitimate business reasons require otherwise. The decision arose from a claim of constructive dismissal that had been denied by both the trial and appellate courts of New […]

The Sarnia Working Agreement Six Decades Later: EllisDon Corporation v Ontario Sheet Metal Workers’

In EllisDon Corporation v Ontario Sheet Metal Workers’ and Roofers’ Conference and International Brotherhood of Electrical Workers, Local 586, 2014 ONCA 801, the Ontario Court of Appeal (“ONCA”) pronounced on the consequences of an agreement between the litigants known as the Sarnia Working Agreement (“SWA”).

Solidarity Forever! A Right to Strike is Recognized in Saskatchewan Federation of Labour v Saskatchewan

In the context of more and more services being designated as “essential” by Canadian governments, a finding of a right to strike under the s. 2(d) right to freedom of association is enormously significant in Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4. It is apparent that the Supreme Court of Canada has undergone […]

RCMP Permitted to Form Unions: A Purposive Approach to Freedom of Association in Mounted Police Association of Ontario v Canada

In Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1, the Supreme Court of Canada (“SCC”) made a major pronouncement on the scope of the section 2(d) freedom of association right under the Canadian Charter of Rights and Freedoms. In doing so, the court overturned Delisle v Canada (Deputy Attorney General), [1999] […]

BC Teachers’ Federation: A Finding of Discrimination Against Birth Mothers Affirmed by the SCC

On November 14, 2014, the Supreme Court of Canada rendered its oral judgment in British Columbia Teachers’ Federation v British Columbia Public School Employers’ Association, 2014 SCC 70 [BC Teachers], overturning the British Columbia (“BC”) Court of Appeal and affirming an arbitrator’s finding of discrimination against birth mothers. The case hinged on the determination of whether parental leave […]

Balancing the Budget with EI Premiums? Stare Decisis and Canada v Confédération des syndicats nationaux

In Canada (Attorney General) v Confédération des syndicats nationaux, 2014 SCC 49, the Supreme Court applied principles of stare decisis to dismiss the actions of the Confédération des syndicats nationaux (“the unions”) as being “bound to fail” given the Court’s judgment in a previous similar case. In contrast, the unions argued that provisions of the […]

Employment Law, Jurisdictional Immunity, and Access to Justice: Amaratunga v Northwest Atlantic Fisheries Organization

In Amaratunga v Northwest Atlantic Fisheries Organization, 2013 SCC 66, Justice LeBel, writing for a unanimous court, determined that an employee’s claim for wrongful dismissal against the Northwest Atlantic Fisheries Organization (NAFO) could not succeed due to the jurisdictional immunity that the international organization was entitled to as a result of an immunity order it […]

Workplace Safety Is Paramount: Dionne v Commission scolaire des Patriotes

A pregnant woman should not have to choose between her health (or the health of her fetus) and work, the Supreme Court declared in Dionne v Commission scolaire des Patriotes, 2014 SCC 33. In the unanimous ruling from five judges, the court also sent the message that provincial tribunals must take care that their decisions do […]