Is there recourse for COVID-19 discrimination?

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. As the Centre for Addiction and Mental Health (CAMH) has noted, the “COVID-19 pandemic has sparked a rise in stigma and discrimination against people who have the virus; people from countries where the virus originated or are considered hot zones; people who have travelled recently; or even those who it is believed have come in contact with... Read More

Bargaining Unit Positions May Be Tied to Work Location, Trigger Job Posting and Seniority Rights

In a recent grievance decision between the Limestone District School Board and CUPE Local 1480, Arbitrator Jesse Nyman found that changing a bargaining unit member’s work location may eliminate a position and create a vacancy, triggering the mandatory posting provisions of a collective agreement. In 2013, the Employer decided to close two of its secondary schools in Kingston, Ontario and to construct a new secondary school. The grievance began when... Read More

Alison McEwen to Present at Labour and Human Rights Conference

On December 8, 2020, Alison McEwen will be speaking as part of Lancaster House’s annual “Bargaining in the Broader Public Sector” conference. Alison will present as part of a panel on bargaining and negotiation priorities in the post-COVID-19 world. The panel will discuss how the pandemic has caused broader policy shifts and how these shifts are likely to affect bargaining in the public sector. Read More

Wassim Garzouzi Appointed President of Canadian Association of Labour Lawyers

RavenLaw is pleased to announce that one of its partners, Wassim Garzouzi, has been unanimously appointed as the President of the Canadian Association of Labour Lawyers (CALL) as of July 30, 2020. CALL is a voluntary organization comprised of approximately 600 lawyers who represent the labour movement across Canada. The Association endeavours to protect and advance the interests of workers in the forums where labour law is made and administered.... Read More

You don’t need to wait for the pandemic to end to unionize your workplace

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. Although we may live and work in “unprecedented” times, your rights to unionize your workplace have not changed. In several cases across the country, labour relations boards have rejected employers’ claims that the COVID-19 pandemic is no time to unionize. Even where it is unsafe to hold an in-person vote, the staff was laid off, or the... Read More

Morgan Rowe Presents on Returning to Work During COVID-19

On August 19, 2020, Morgan Rowe will present a seminar on returning to work during the COVID-19 pandemic. Morgan will discuss employees’ rights while returning to work, with a specific focus on the disability rights of employees and their family members. The workshop is presented by Reach Canada. Reach provides educational programs and independent legal referral services that address the rights and interests of persons with disabilities Pre-registration is required... Read More

No Intent Is Necessary for Systemic Pay Discrimination – A Closer Look at the Midwives Case

Ravenlaw gratefully acknowledges the contribution of this post by articling student Claire Michela. Regulated in Ontario since 1993, midwives are an overwhelmingly female-dominated profession represented by their Association of Midwives (AOM). Regulation was a proud moment for midwives, as it was a public recognition of their contributions to Ontario’s health care system. Recently, the Divisional Court found that the Ministry of Health (MOH)’s decision to raise the wages of midwives... Read More

Family Care Obligations and Working from Home

The implementation of physical distancing measures in the face of the global COVID-19 pandemic has raised a number of issues for workers with family obligations. Many workers are now being asked to work from home on a regular basis. At the same time, schools and childcare institutions have been closed and are only in the process of reopening, with the future success of these efforts remaining uncertain. Other workers face... Read More

Court Rules Wage Restraint Legislation Unconstitutional

A recent decision of the Manitoba Court of Queens Bench has found that legislation which purported to cap wage increases for unionized public sector employees infringed the Charter right to freedom of association. Manitoba’s Progressive Conservative Party was elected in April 2016 and, shortly thereafter, Cabinet recommended adopting wage-freezing legislation modeled on legislation that had previously been used to limit increases to public sector wages in Nova Scotia. The legislation... Read More

The pandemic does not override human rights at work

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. When the land border between Canada and the United States closed in March, thousands of people who make the daily commute to work across the border were left in a difficult situation. United Steelworkers Local 2251 v Algoma Steel Inc. deals with one such person, a machinist apprentice at a steel plant in Sault Ste. Marie, Ontario.... Read More