Author Archives: f5admin

http://www.routledge.com/books/details/9780415532358/

Morgan Rowe recently published a book with Professor Ravi Malhotra of the University of Ottawa Law School entitled Exploring Disability Identity and Disability Rights through Narratives: Finding a Voice of Their Own. The book examines the life stories of twelve Canadians with physical disabilities, using their narratives to explore whether an advocacy identity helps or hinders dealing with systemic barriers for disabled people in education, employment and transportation.

We all congratulate Morgan on this significant achievement.

Please click here for more information on the book from the publisher.

Andrew Astritis speaks at Lancaster House Audio Conference on Dishonesty in the Workplace

Andrew Astritis recently participated as a panellist in the Lancaster House Audio Conference entitled Lying, Cheating and Stealing: What Acts of Employment Dishonesty Warrant Automatic Discharge.

The Audio Conference dealt with a wide range of issues including a review of recent case law regarding the discipline of dishonest conduct, the penalties for theft and abuse of sick leave, and situations in which an employee can be punished for off-duty conduct. The Audio Conference also examined the approach to be applied where misconduct may be attributable to a disability.

For further information, please visit the Lancaster House website.

Pension Surplus: Supreme Court of Canada Hears Appeal Regarding the Removal of over $28 Billion in Surplus Amounts from the Public Service, RCMP and Canadian Forces Pension Accounts

Our firm recently presented arguments to the Supreme Court of Canada in a significant case involving the removal of the over $28 billion surplus that had built up in the federal Public Service, RCMP and Canadian Forces pension accounts.

Advancing arguments on behalf of the Public Service Alliance of Canada and a number of associations representing current and former members of the Armed Forces and the Royal Canadian Mounted Police, our firm maintained that employees had an equitable right to the significant portions of the surplus that were directly attributable to contributions by workers and that this right had not been extinguished by legislation passed in 2000. This is the first case to be heard by the Supreme Court with respect to the rights workers have to a surplus in a statutory pension plan.

PSAC and the above-noted associations were represented by Andrew Raven, James Cameron and Andrew Astritis of RCBY. The Court reserved judgment on the matter.

2012 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship

Our firm is renewing its partnership with the University of Ottawa and continues its commitment and funding to the Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. Human Rights/Social Justice Internship which provides a student with an opportunity to work full time over the summer as an intern in the areas of social justice and human rights.

This is a program that we are very proud of as it gives students excellent experience in these areas but also provides legal support to social justice organizations. This year, the host organizations are the Ottawa Coalition to End Violence Against Women (OCTEVAW) and the Council of Canadians.

If your organization works in the areas of social justice and human rights and you are interested in having an intern in the future, please contact David Yazbeck at 613-567-2901.

Pay Equity: Supreme Court of Canada allows PSAC’s Appeal

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!

RavenLaw Sponsors Ottawa Folk Festival – September 4-8, 2013

Raven, Cameron, Ballantyne & Yazbeck is proud to continue its sponsorship of the Ottawa Folk Festival for a fourth consecutive year. This year Folk Festival Participants will be able to see many fabulous acts on the RavenLaw stage.

Set amidst the natural beauty of Hog’s Back Park, the Ottawa Folk Festival is a four-day celebration of music, dance, visual arts and community featuring an eclectic mix of musical performances on two evening and five daytime stages, plus participatory music workshops, special children’s and family performances, beer gardens, artisan and craft vendors, and much more. Given our work with employees and unions in labour and human rights matters, it is a pleasure to support artists who share our passion for and commitment to social justice and equality.

For further information about this year’s festival, including tickets and schedule, please visit http://ottawafolk.com/

2011 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship

This is a program that we are very proud of as it gives students excellent experience in these areas but also provides legal support to social justice organizations. This year, the host organizations are the Public Service Alliance of Canada (PSAC) and the Ottawa Riverkeeper.

If your organization works in the areas of social justice and human rights and you are interested in having an intern in the future, please contact David Yazbeck at 613-567-2901.

James Cameron to Speak at OBA Conference on Harassment Investigations

James Cameron will be speaking at an Ontario Bar Association program entitled Harassment Investigations: Pitfalls, Best Practices and New Approaches on Thursday, March 25, 2010.

James will be speaking from the perspective of an employee representative in harassment investigations, and will address issues including:

How do harassment policies fit with related legislation and regulations?
What are the procedural fairness requirements for harassment investigations?
How should privacy/confidentiality issues be dealt with in the investigation process?
What are the most common errors in an investigation, and what are the best practices?
What are the viable alternatives for fixing dysfunctional workplaces without conducting a major investigation, and when are they most effective?

Visit the OBA website for more information.

RCBY Recognizes National Day of Mourning