Canada Labour Code Does Not Prohibit Without Cause Terminations

The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 (“Atomic Energy”) confirmed that federally regulated employers can dismiss non-union employees without cause.

The Canada Labour Code (the “Code”), which applies to federally regulated employers, provides that non-union employees with 12 months or more service can bring complaints alleging that the termination of their employment was “unjust.” An adjudicator, appointed under the Code, can award a range of remedies, […]

By | February 6th, 2015 ||

Supreme Court Of Canada Finds RCMP Labour Relations Regime Unconstitutional

Introduction
Supreme Court of Canada to Consider Freedom of Association in Collective Bargaining Process provided background details regarding an upcoming decision of the Supreme Court of Canada (“SCC”). In short, currently the RCMP is prohibited from unionization. By way of decision dated January 16, 2015 the SCC has determined that the current labour regime is contrary to section 2 (d) of the Canadian Charter of Rights and Freedoms (“Charter”) (the fundamental right of freedom of […]

By | February 6th, 2015 ||

United States: Ding-Dong, Yard-Man Is Dead! Supreme Court Decision In Tackett A Huge Win For Employers In The Retiree Healthcare Arena

On Monday, a unanimous United States Supreme Court issued its decision in M & G Polymers USA, LLC v. Tackett, Supreme Court Case No. 13-101, vacating and remanding the Sixth Circuit’s holding that a group of retirees was entitled to lifetime healthcare benefits per the terms of various collective bargaining agreements.  In doing so, the Supreme Court rejected UAW v. Yard-Man Inc., 716 F.2d 1476 (6th Cir. 1983), and its progeny, and directed lower […]

By | February 5th, 2015 ||