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 visit the REACH website: http://www.reach.ca/?action=site.show&lid=26&comaction=view&eid=NAXRU-6L6T4-QY6T6
Raven, Cameron, Ballantyne and Yazbeck LLP is pleased to announce the launch of the Alison Dewar Scholarship in Women’s Equality, Labour and Human Rights Law.
This scholarship was created by the firm in partnership with the National Association of Women and the Law (NAWL), in memory of our dear friend and colleague who died on October 17, 2013. The scholarship will be available annually to a female student at the University of Ottawa’s Faculty of Law who demonstrates a commitment to pursuing a career in women’s equality and union-side labour, workers’ rights or human rights law. Alison devoted herself to this work and our firm is excited to support future lawyers who share her passion for these issues.
For more information on the scholarship please visit the University of Ottawa’s scholarship and bursary webpage <https://bourses.uottawa.ca/p/a/13364/> or contact the Financial Aid Administrator at the University of Ottawa’s Common Law Section. The deadline to apply is November 30, 2014.
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 of minimum fees for use of existing works fell within the sphere of copyright, and not within the scope of negotiable terms as defined by the Status of the Artist Act.
The case, found at this link, was argued by David Yazbeck and Wassim Garzouzi of our firm: http://decisions.fca-caf.gc.ca/en/2013/2013fca64/2013fca64.html
Raven, Cameron, Ballantyne & Yazbeck is pleased to announce that David Yazbeck has been appointed to a working group established by the CSA Group to develop and publish a whistleblower guideline for Canada. The CSA Group (formerly the Canadian Standards Association) is a world leader in establishing standards in a variety of areas. Recently, CSA Group, together with the Bureau de normalisation du Quebec, established a national standard of Canada in relation to psychological health and safety in the workplace.
David Yazbeck is one of the leading practitioners in the area of whistleblower law. He is one of many experts or interested persons who have been appointed to the CSA Group working group to establish a whistleblower guideline.
On April 23, 2013 the Public Service Labour Relations Board (PSLRB) upheld the Public Service Alliance of Canada’s complaint against the Treasury Board and Canada Border Services Agency (CBSA). 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 full-time union leave with pay. This important decision clarifies the law on the statutory freeze period in the federal public sector and establishes the PSLRB’s approach to the issue of the time limits for making statutory freeze complaints. The case was argued by Andrew Raven with assistance from Dayna Steinfeld of Ravenlaw.
We are proud to introduce Ravenlaw’s new blog, Writing for Working People! Our firm has over 125 combined years of experience representing employees and unions in all aspects of labour and employment law. We have specialized expertise in a variety of areas, including federal public service employment, wrongful dismissal, human rights, administrative law, judicial review, and disability benefits. This blog is part of a new effort to share the benefit of that expertise with our clients and the community through our new Ravenlaw website. We have also posted the first group in a series of articles providing general legal information on topics in our areas of expertise.
On Writing for Working People, we will be providing regular updates and commentary on issues that impact workers’ rights, including: recent court decisions, changes to labour and employment-related legislation, and other legal and political topics affecting unions and workers across the country. Please check back regularly for the latest posts!
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 a host of other issues:
http://labourlawonline.ca/main.jsp?p=seminar_desc&seminarid=185&bndid=3&st=3
If you cannot work due to illness or injury, you may assume your long-term disability (“LTD”) insurance benefits will provide a secure source of income replacement to cover your financial obligations and also to provide peace of mind, allowing you to focus on your health instead of financial worries.
While this may be the understanding, disabled employees are often overwhelmed by daunting administrative hurdles when they attempt to access LTD benefits. They may also become discouraged when their disability claim is denied (See our article on “What to do if your LTD claim is denied”). The following are some key tips to navigating the claim for a long-term disability claim.
1. Apply
Submit an application for benefits as soon as you and your doctor determine that you can no longer perform the essential duties of your job. Involve your treating professionals and have the discussion with them about whether or not your illness or condition is interfering with your ability to work.
2. Fill out the claim forms completely
You should request a copy of the benefits policy describing the details of your coverage and the application forms from your employer or the insurer. When completing the application, be sure that you do not overlook or choose not to answer questions on the forms. If something does not apply to your particular situation, note that on the form. Avoid creating the situation where an incomplete application causes significant delays. Double-check and answer all the questions in the application correctly.
3. Submit detailed medical support with your initial application
The insurance company only requires a short form called the Attending Physician’s Statement, to be filled out by your doctor as part of the application. However, the insurance company will most likely ask for more detailed medical information later on. If possible, expedite this process by submitting comprehensive reports from your medical specialists.
Ideally, a more detailed report should specifically address why you cannot work, especially if your health condition is also being affected by conditions such as depression, anxiety, chronic pain, PTSD or other invisible disabilities which do not show up on an x-ray. Speak to those involved in your treatment to describe how you are functionally limited by your symptoms, the treatment you are receiving, and whether you have cooperated with their treatment recommendations. The information should focus on your accommodation needs, such as how much time off of work you need, and whether you are able to perform the actual duties of your own or an alternative occupation.
4. Cooperate with the insurance company’s requests
Respond to your insurance company’s requests in a timely manner, within their specified deadlines. Carefully consider what medical and health information you agree to allow the insurer to share with your employer and others involved in your claim. The insurer does have an obligation to respect your privacy rights.
5. Stick with It.
The biggest mistake you can make is to abandon your long-term disability claim prematurely. The claims process can be difficult and the delays and complexities may lead you to want to abandon the process, particularly because this is happening when you are unwell and at your most vulnerable, making it a very difficult process to navigate successfully without assistance and guidance. Seeking legal advice and representation can help you to navigate this process, and ensure that you have help each step of the way.
We are here to help navigate the long-term disability claim process. Consult one of our experienced Long Term Disability lawyers at Raven, Cameron, Ballantyne and Yazbeck LLP if you are considering making a claim for disability benefits or if your disability claim for benefits has been denied.
[This article is for informational purposes only and does not constitute legal advice, which cannot be given without consideration of your individual circumstances.]
On August 30, 2013, the Federal Court of Canada quashed an Order made by the Minister of Heritage, James Moore, and cancelled a forced vote on the Canada Border Services Agency’s (“CBSA”) employees in the Frontière/Border (“FB”) group.
The Minister’s Order was made following a request by Treasury Board President Tony Clement for a forced vote on the employer’s final offer, dated May 6, 2013. Minister Moore ordered the vote without consulting or giving notice to the Public Service Alliance of Canada (“PSAC”), the certified bargaining agent representing the 7 000 plus employees affected.
PSAC successfully judicially reviewed the decision before the Federal Court of Canada. In her decision, Justice Mary Gleason emphasized the importance of the vote on PSAC’s interests. Justice Gleason found that “it would be difficult to find a decision that might more deeply affect a trade union’s interests than the decision to order a vote among bargaining unit members” and concluded that PSAC was entitled to adequate notice of the employer’s request for a forced vote and a meaningful opportunity to respond to it.
Justice Gleason noted each side’s duty to engage in good faith collective bargaining and set aside the Minister’s order, without remitting the matter back to the Minister for reconsideration: “the decision of the Minister to order a vote among the employees in the FB bargaining unit on the Employer’s final offer will be set aside. And, since the decision directing the vote is being quashed, the activities currently being undertaken by the PSLRB to conduct that vote must cease as there is no longer any decision to authorize them.”
PSAC was represented by Andrew Raven and Wassim Garzouzi of Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l.
Read the PSAC’s press release.
As part of the new and exciting changes to our website, we are pleased to announce the introduction of the Resources section, which will include informative articles on topics in our areas of expertise, and Writing for Working People, our new blog. We hope that these new resources will provide our clients and the community with relevant and useful information about workers’ rights in all areas of labour, employment and human rights law.
The first group of articles is on the topic of Disability Benefits. Several of our lawyers have recently given informational sessions on long-term disability benefits and other related issues, including at the Maplesoft Centre and the Ottawa Fibromyalgia Support Group. We have now posted a group of articles, providing general information on these topics. Similar articles on other legal topics will be soon to follow.
We have also introduced a new blog, Writing for Working People. On this blog, we will be providing regular updates and commentary on issues that impact workers’ rights, including: recent court decisions, changes to labour and employment-related legislation, and other legal and political topics affecting unions and workers across the country.
Please check back regularly as we continue to update these new resources!