In a decision rendered on January 25, 2016, adjudicator Linda Gobeil of the Public Service Labour Relations Board concluded that the Parole Board of Canada failed to accommodate a grievor suffering from “emotional stress” in a manner consistent with the requirements of Canadian Human Rights Act.

The adjudicator found that the emotional stress suffered by the employee as a result of her proximity to a particular co-worker amounted to a disability that triggered the employer’s duty to provide reasonable accommodation. The employer was ordered to find workspace for the grievor in another building and to compensate her for lost wages and benefits during the relevant time frame.

The grievor was represented by Kim Patenaude of RavenLaw, who told the Ottawa Citizen that the Adjudicator’s decision “has the potential to broaden an employer’s responsibility to provide accommodation” and is a win for employees with disabilities, especially those with mental health concerns.  For more information, click here.

Our office hours during the holidays are as follows:

December 24 – closed at noon

December 25-28 – closed

December 29-30 – opened

December 31 – closed at noon

January 1 – closed 

Thank you and Happy Holidays.

March 8^th is International Women’s Day, a day that marks the social, economic, cultural and political achievements of women. Not just a celebration, International Women’s Day is a call to action for all the work that remains to be done. At a time when recent reports reveal that Canadian women earn only 72% of men’s wages for similar work, it is important to reflect on the labour roots of International Women’s Day and the struggles that remain for working women in Canada and around the world.

History of International Women’s Day

The origins of International Women’s Day can be traced back to the early 1900s. At that time, work was increasingly industrialized, leading to dangerous and unfair working conditions. In response, women began organizing to demand better working conditions, including shorter working hours and better pay. In 1908, 15,000 female garment workers marched through New York City to call for these improvements. This march would inspire the International Ladies Garment Workers’ Union to stage a strike to protest working conditions in the city’s sweatshops. Although this initial strike was short-lived, it led to a General Strike, which lasted for three months and brought important gains for many workers.

In 1909, the Socialist Party of America, a social-democratic political party in the United States, designated February 28 as National Women’s Day in honour of the garment workers’ strike.

At the same time, European women were struggling to achieve greater fairness and protections in the workplace. In 1910, a second International Conference of Working Women was held in Copenhagen, with over 100 women from 17 countries in attendance, including union leaders and the first 3 women elected to the Finnish Parliament. At this Conference, Clara Zetkin, leader of the Women’s Office of the German Social Democratic Party, tabled a proposal for an annual woman’s day – a day for women to collectively raise their demands for better working conditions, suffrage and political representation. The proposal was unanimously approved.

As a result of Zetkin’s efforts, the first International Women’s Day was observed on March 19, 1911 in Austria, Denmark, Germany and Switzerland. More than one million women and men attended rallies to mark the day, raising awareness of issues of women’s rights to work, to vocational training and discrimination in the workplace, as well as the right to vote and hold political office. Sadly, only a week after the first International Women’s Day, a deadly fire at the Triangle Shirtwaist Factory in New York City killed more than 140 working women. This tragedy brought greater attention to the issues of workplace conditions that the garment workers had protested in 1908.

International Women’s Day became increasingly prominent in Europe and became a vehicle for the peace movement during World War I. Protesting the war, Russian women observed the day for the first time in 1913. In 1914, women around Europe held solidarity rallies on March 8. In 1917, Russian women selected March 8 as a day of protest and held a strike for “Bread and Peace”. The women continued to strike for 4 days and were joined by other protests and strikes, contributing to the forced abdication of Czar Nicholas II. The Provisional Government then granted Russian women the right to vote. March 8 was later declared a national Soviet holiday by Lenin.

In 1975, International Women’s Year, the United Nations officially sanctioned International Women’s Day and began celebrating International Women’s Day on March 8 of every year. International Women’s Day is now an official holiday in many countries around the world.

International Women’s Day – Today and in the Future

Nowadays, International Women’s Day is a day for celebrating the achievements of women. The history of International Women’s Day reminds us that these achievements include the role of women in advancing the rights of workers around the world. Women have played a significant role in the labour movement, and the radical action of working women has led to important social change.

March 8^th is also a day to reflect on the work yet to be done. In the workplace alone, issues of pay inequity, the disproportionate burden of childcare, gender-based job discrimination, and sexual harassment continue to impact Canadian women. Globally, women face significant inequalities in all areas of their lives. For example, harkening back to the roots of International Women’s Day in the activism of New York’s garment workers in 1908, the day was marked in Bangladesh this year by garment workers protesting for safe working conditions, equal pay and an end to violence against women.

All workers, women and men, in Canada and abroad, should use this day to reflect on the ways in which women’s rights and workers’ rights intersect, and how both movements can work in concert to advance the cause of equality.

[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]

The Federal Court of Appeal recently upheld the Canada Industrial Relations Board’s decision to order binding resolution of a disputed issue in first contract negotiations between the Public Service Alliance of Canada (PSAC) and the Listuguj Mi’gmaq First Nations Council (the employer) as a remedy for the employer’s breach of the duty to bargain in good faith.

Paragraph 50(a) of the Canada Labour Code requires the parties to negotiate in good faith and make every reasonable effort to enter into a collective agreement. The Board concluded the employer violated that duty by failing to communicate its reasons to PSAC for refusing to ratify a tentative agreement until after the Board initiated unfair labour practice proceedings. During the Board’s hearing, the employer revealed its intent to renegotiate the tentative agreement’s employment equity provisions to give it the authority to terminate a bargaining unit member when a qualified First Nations member was available for the position. The tentative agreement already provided a preference for qualified First Nations members in employment, a principle supported by PSAC. But as the Federal Court of Appeal emphasized, the employer’s new demand was “highly unusual” and “one that would be difficult for any trade union to ever agree to.”

The Board crafted a detailed remedy including an order that, if the parties were unable to reach agreement on the issue of preferential hiring within a 60-day period, it would order a binding method of resolving that particular term of their agreement. In its application for judicial review, the employer argued that the Board’s order was unreasonable because, among other things, it bore no rational connection to its breach of the Code and interfered with free collective bargaining. In rejecting those arguments, the Federal Court of Appeal found that the order was tied to the employer’s breaches of the Code found by the Board. What’s more, “given the prospect of binding arbitration failing agreement, the remedial order issued by the Board may well have facilitated compromise and thus furthered the process of collective bargaining.”

Read the full text of the Federal Court of Appeal’s decision here. The Board’s decision is available here.

The Public Service Alliance of Canada was represented by Andrew Raven and Michael Fisher of RavenLaw.

Please note that our office will be closed on Friday, March 25, 2016 and Monday, March 28, 2016 in recognition of the Easter holiday.

Dayna Steinfeld has been appointed to the National Board of the Women’s Legal Mentorship Program (“WLMP”). The WLMP is a not-for-profit that works in partnership with Canadian universities to provide a comprehensive feminist legal mentorship program through its university level and WLMP Alumna Chapter. The goal of the WLMP is to help women develop a support system that will help them throughout their legal careers from the classroom to the courtroom and beyond. The program facilitates peer mentorship, student-lawyer mentorship and professional development and leadership events.

On October 29, 2015, Morgan Rowe and Dayna Steinfeld will be presenting a LEAF at Work workshop at the Glebe Collegiate Institute. LEAF at Work is a one-hour workshop for high school students focused on equality rights and issues of discrimination and harassment in the workplace.  

LEAF – the Women’s Legal Education and Action Fund. LEAF is a Canadian non-profit organization, formed in 1985, that works towards advancing the equality of women and girls in Canada through using the Canadian Charter of Rights and Freedoms. LEAF’s work focuses on litigation, law reform efforts and public legal education programs.

On November 12, 2015, Michael Fisher presented on an Artists’ Legal Services Ottawa (“ALSO”) Labour and Employment Law for Artists panel. Michael was joined on the panel by Catherine Mensour, of the Mensour Agency, and Sonia Ndongmo, an Ottawa-based vocalist. The panel discussion focused on how legal obligations related to working relationships can be crucial to defining an artist’s rights and obligations.

On November 18, 2015, Kim Patenaude will be speaking at a Reach Canada Education Seminar on the topic of individual disabilities in the workplace. Kim will provide an overview of invisible disabilities and discuss employee and employer rights and responsibilities with respect to disclosure, the duty to accommodate and discrimination. More information is available here.

The Ontario Court of Appeal recently heard the appeal brought by the Public Service Alliance of Canada challenging the constitutionality of the Expenditure Restraint Act. This legislation was introduced by the Federal Government in 2009 to cap wage increases in future collective agreements and roll-back increases previously agreed to by the parties in existing collective agreements. The appeal is one of three being heard across the country with respect to this legislation.

PSAC was represented by Andrew Raven and Andrew Astritis of our firm.