This week, David Yazbeck is participating in the Canada Industrial Relations Board (“CIRB”) Consultation Committee as the Canadian Association of Labour Lawyers (“CALL”) nominee. The Consultation Committee is an ongoing dialogue and consultation process between the CIRB and the labour community, established for the purpose of canvassing labour and management sides with respect to their expectations regarding industrial relations issues that concern them. The Consultation Committee includes members from CALL, the Canadian Labour Congress, Confédération des syndicats nationaux, the Canadian Association of Counsel to Employers, and Federally Regulated Employers in Transportation and Communications Organization, as well as the Chairperson and representatives from the CIRB.

On February 13, 2015, Wassim Garzouzi spoke at the Network of Persons with Disabilities, organised by Reach Canada on the topic of “Duty to accommodate: Family Status.” The bilingual event was attended by over 250 participants from across the country.

Reach Canada has offered lawyer referrals and public education for individuals living with disabilities since 1981. Our firm is a long-term, proud supporter of REACH and its mission to improve the quality of life for citizens with disabilities.

On February 23 and 24, 2015, artists across Canada overwhelmingly voted to ratify Canada’s first scale agreement for visual artists at the National Gallery of Canada. As the Canadian Artists’ Representation/Le Front des artistes canadiens (CARFAC), explains

Major gains have been advanced for artists through this agreement, which sets out mandatory minimum fees and working conditions offered to artists by the gallery. Artists remain free to negotiate above these minimums, but they can never be offered less.

The agreement between the National Gallery and CARFAC and the Regroupement des artistes visuels du Québec (RAAV) will be in place for three years.

The ability of CARFAC/RAAV to reach this historic agreement is due in large part to the Supreme Court of Canada’s decision in Canadian Artists’ Representation v National Gallery of Canada in June, 2014. CARFAC/RAAV were represented by David Yazbeck, Michael Fisher and Wassim Garzouzi from RavenLaw in this successful appeal to the Supreme Court.

On November 20, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18), received royal assent in Ontario, but some of the enacted changes to the Employment Standards Act were delayed coming into force. Tomorrow, February 20, 2015, important changes to employment law legislation will take effect.

Elimination of the $10,000 cap on recovery for unpaid wages

Previously, there was a $10,000 maximum cap on orders for unpaid wages to an employee under the Employment Standards Act. Pursuant to the changes in Bill 18, there is no longer a monetary limit on employment standards officers’ orders for wages, and employees will no longer be forced to pursue larger claims through the courts.

Increase to time limits to bring complaints for unpaid wages or vacation pay

Additionally, the amendments in Bill 18 that are about to come into force will increase the time limits on when an employee can file a complaint to recover unpaid wages to two years from the previous six month limitation period. The time limit within which vacation pay can be recovered under the Act has also been increased to 12 months from six months. These changes are subject to a two-year transition period regarding claims that arose before these amendments came into effect.

Contact us about using the Employment Standards Act complaint mechanism

If you believe you may have a claim for unpaid wages or vacation pay, you should consult the employment law lawyers at Raven, Cameron, Ballantyne & Yazbeck LLP to determine the best means of recourse, recognizing that these legislative changes may allow for a practical and effective means of recovery by bringing a complaint under the amended Employment Standards Act regime.

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

David Yazbeck has been confirmed as a speaker for Funding Democracy, an international summit being held in Ottawa on June 16 – 17, 2015. The event will bring together some of the brightest, most progressive minds from around the world to discuss issues of austerity, tax reform and funding public services. The summit is designed to unite workers, employers and industry representatives from across the world to find practical, achievable and sustainable legislative alternatives to austerity measures during this global economic crisis. David will be speaking on the topic of whistleblowing.

On February 11, 2015, Arbitrator Randi Abramsky issued a decision interpreting the job posting provisions under the central agreement between Ontario Hospitals and the Ontario Council of Hospital Unions/CUPE. Specifically, Arbitrator Abramsky found that postings, whether electronic or paper, must be accessible to ensure that the purpose of these provisions – which is to ensure that Unions and employees are aware of available bargaining unit openings so they may apply for them and exercise their seniority rights – is met.

For over thirty years, the practice at the Health Sciences North (“Hospital”) was to post job opportunities on a physical bulletin board. In 2013, the Hospital unilaterally ended this practice and began posting job opportunities exclusively through a web portal that it had developed. The new system was complex and required employees to follow several steps before being able to access the job postings. The Canadian Union of Public Employees (“CUPE”), Local 1623, challenged the Hospital’s decision as many of its members were unable to access the new system.

Arbitrator Abramsky concluded that there was “evidence that some senior employees’ ability to exercise their seniority to apply for job postings has been diminished by the new online posting system.  The system utilized requires at least a minimal level of computer-use knowledge to access job postings. It is far less accessible […]”

The arbitrator ordered the Hospital to use a posting system that employees are able to access and consequently, “for the time being and until a more accessible electronic system is devised, the Employer must continue to post job openings on the physical bulletin board, in addition to posting them online.”

CUPE, Local 1623 was represented by its President, Dave Shelefontiuk, and Wassim Garzouzi from our firm.

On March 3, 2015, Kim Patenaude presented a workshop at Industry Canada on “The Respectful Workplace”.  The bilingual workshop was organized by Reach Canada and attended by over 30 employees in the National Capital Region.

Reach Canada has offered lawyer referrals and public education for individuals living with disabilities since 1981. Our firm is a long-term, proud supporter of REACH and its mission to improve the quality of life for citizens with disabilities.

The partners of Raven, Cameron, Ballantyne & Yazbeck are pleased to announce the selection of the successful 2015 Raven, Cameron, Ballantyne & Yazbeck Human Rights/Social Justice Internship candidate, Jacob Saltiel. Jacob is in his second year of studies at the University of Ottawa, Faculty of Law. Jacob has had excellent experience in Access to Justice issues as well as issues concerning refugee rights. He currently serves as Vice-Chair of the Canadian Association of Refugee Lawyers, uOttawa Chapter and is an assistant editor with the Ottawa Law Review. We congratulate Jacob on his achievement and look forward to working with him this summer when the internship takes place.

This is the tenth consecutive year that our firm has offered this Human Rights/Social Justice internship. Every summer, we provide paid employment to a student from the University of Ottawa Law School with placements in our firm and two social justice or human rights organizations. This year, Jacob will be working with the Workers History Museum and with the Broadbent Institute. Previous placements for our internship have included the International Development Research Centre, EGALE Canada, Amnesty International, the Ottawa Coalition to End Violence Against Women, the Council of Canadians, REACH Canada, and many other organizations which provide significant contributions in the areas of social justice and human rights.

On Sunday, March 8, 2015, the Ottawa and District Labour Council hosted its annual International Women’s Day Dinner. The sold out event was attended by community and labour activists who gathered to celebrate and reflect on women’s roles in both the labour movement and the workplace.

Keynote speaker, Cindy Oliver, President of the Federation of Post-Secondary Educators of British Columbia, gave a rousing presentation on the importance of ensuring that all work environments, especially trades, are accessible and safe for women, while highlighting the work that still needs to be done to achieve true gender equality.

The theme of the evening was “Sisters Sharing Hope Vision Solidarity” and was sponsored by the Ottawa District Labour Council Women’s Committee.

Wassim Garzouzi from our firm attended the successful event.

On February 23, 2015, Morgan Rowe spoke to the University of Ottawa Law School’s disability law class about issues related to accommodation and inclusion facing young Canadians with disabilities. Morgan’s presentation focused on disability accommodation issues in employment, education and transportation. The presentation also involved discussion of the findings of the study outlined in Morgan’s book, Exploring Disability Identity and Disability Rights Through Narratives, which was co-authored with University of Ottawa Professor Ravi Malhotra.