April 25, 2013
Board finds violation of statutory freeze
Our firm recently represented the Public Service Alliance of Canada (“PSAC”) in an appeal before the Supreme Court of Canada regarding the Canadian Human Rights Tribunal’s 2005 decision to uphold PSAC’s pay equity complaint against Canada Post.
In a rare ruling from the bench, the Supreme Court overturned the decision of the Federal Court of Appeal, reinstating the Tribunal’s decision against Canada Post. The complaint, presented in 1983, resulted in a long-fought legal battle by PSAC, first to have the case referred to Tribunal and then to see the matter through the adjudicative process, which included over 400 hearing days spanning ten years. The award for lost wages and the interest thereon is estimated to be worth approximately $250 million.
The Supreme Court’s decision has significant implications for both the individuals involved and the pay equity jurisprudence under the Canadian Human Rights Act. In endorsing wholesale the dissenting reasons set out by Justice Evans at the Court of Appeal, the Supreme Court re-affirmed the validity of the 1986 Equal Wages Guidelines, including the gender predominance thresholds set out therein. The Supreme Court also confirmed the Tribunal’s decision to accept the expert evidence tendered by PSAC, which demonstrated that Canada Post had failed to pay workers in the female-dominated CR Group equal pay for work of equal value performed by the male-dominated PO Group.
Congratulations to PSAC for this hard-fought and important victory!
The lawyers and staff at RCBY are always involved in legal or community events or dealing with cases of interest to the public. Check here for information about the latest news and the events we are involved with.
On May 2, 2013, James Cameron and Andrew Astritis each presented at the 2013 Accommodation Law Conference in Ottawa, sponsored by Labour Law Online.ca, the Centre for Labour-Management Development. Their presentations addressed Workplace Policies and the Duty to Accommodate, Discipline, Discharge and the Disabled Employee, Accommodating Family Status, Disabilities requiring special Accommodation, as well as [...]
On April 23, 2013 the Public Service Labour Relations Board upheld the Public Service Alliance of Canada’s complaint against the Treasury Board and Canada Border Services Agency. The PSLRB found that the Treasury Board and CBSA violated the statutory freeze on terms and conditions of employment by terminating a long-standing practice of granting union officers [...]
A recent decision of the Federal Court of Appeal overturned a decision by the Canadian Artists and Producers Professional Relations Tribunal. A majority of the court held that the refusal of the National Gallery to discuss minimum compensation to artists did not constitute bad faith bargaining on the part of the Gallery, as the imposition [...]
On June 7th, David Yazbeck and James Cameron will speak on Post Traumatic Stress Disorder at a conference organized by REACH Canada. REACH has offered lawyer referrals and public education for individuals living with disabilities since 1981. Ravenlaw is a long-term, proud supporter of REACH. For more information, and to register for the conference, please [...]
Andrew Raven will speak at the Lancaster House Ottawa Labour Law Conference, on May 15, 2003, on employers’ responsibilities to accommodate employees’ family responsibilities. There is a growing understanding that employers, unions and employees must work together to assist workers in maintaining a functional balance between work life and family life. A failure to accommodate [...]
David Yazbeck will co-chair the Lancaster House Ottawa Labour Law Conference, on May 16-17 at the Ottawa Conference Centre. For more information, please visit the Lancaster House website: http://lancasterhouse.com/conferences/show/id/17/info/overview.
On March 21, 2013, James Cameron participated on a panel on persons with high-conflict personalities and how to deal with them in the workplace. People who have a pattern of creating or increasing conflict with others can be characterized as people with ‘high-conflict personalities.’ With these individuals, the issue in dispute doesn’t cause the [...]
Federal Court upholds Human Rights Tribunal – family status includes child care needs; employer to pay special compenstion – case argued by Andrew Raven and Andrew Astritis of RCBY T-1418-10
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