CIRB Clarifies Employer Free Speech and Cracks Down On Union Intimidation

Posted by Tim Lawson on January 11, 2012

In a unanimous decision, the Canadian Industrial Relations Board (the “CIRB” or “Board”) dismissed unfair labour practice complaints filed by the Canada Council of Teamsters (the “Teamsters”) against FedEx Ground. The only unfair labour practice complaint the Board upheld was filed by FedEx Ground against the Teamsters for using unlawful tactics during the campaign to suppress employee opposition to the union.

The Board's decision is important because it squarely addresses employer free speech and union campaign misconduct, both top-of-mind issues for employers facing union organizing drives.

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Mandatory Retirement Ends for Federally Regulated Employers in December 2012

Posted by Greg McGinnis on January 05, 2012

The Government of Canada’s has repealed (see Part 12) sections of the Canadian Human Rights Act and Canada Labour Code that permit employers to implement "mandatory retirement" policies.  These changes will take effect in December 2012.

The repeal of the mandatory retirement provisions in Canadian law was contained in the Budget Implementation Act, which received Royal Assent on December 16, 2011.

All Canadian jurisdictions, with the exception of New Brunswick, have now abolished mandatory retirement.

Supreme Court Clarifies Human Rights Tribunals' Authority to Award Costs

Posted by Maureen Quinlan on November 11, 2011

While it is firmly established that a successful party may recover their legal costs from an opposing party in a civil court action, the same cannot be said for proceedings before administrative tribunals.  There has been significant debate about whether human rights tribunals in particular ought to make awards in respect of legal costs.  Some view this as a matter of access to justice, while others see it as an effective barrier to defending, if not precluding, frivolous and/or vexatious complaints.

The Supreme Court decisively resolved this debate at the federal level when it recently ruled that the Canadian Human Rights Tribunal’s power to compensate "any expense" suffered by victims of discrimination did not extend to an award of legal costs.  Simply put, the court held it was unreasonable to equate "costs", a legal term of art, with "expense".

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