2015 IN REVIEW – A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

Many important decisions and legislative changes occurred in 2015. Over the course of the year, CCP blogged these developments - here is a recap of our "top 10" cases and most significant changes along with links to the original blogs. Enjoy!

Top Labour and Employment Cases of 2015

Wilson v Atomic Energy of Canada 2015 FCA 17: In January, the Federal Court of Appeal clarified that federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code. The Federal Court of Appeal determined that s.240 of the Code should not be interpreted in a way that an employer was required to prove just cause or risk reinstatement of the terminated employee. Read more here. Patridge v Botony Dental Corp 2015 ONSC 343: In January, Ontario adopted the Federal Court's approach to determining claims of family status. Ontario clarified that in order for a complainant to make out a claim based on family status he or she would be required to prove that the child is under the individual's supervision, that the obligation at issue is a legal responsibility, that reasonable alternatives have been pursued and that the workplace rule interferes in a way that is more than trivial or insubstantial. Read more here. Baroch v Canada Cartage 2015 ONSC 40: In January, the Ontario Superior Court certified another class action for overtime for $100 million. This class action was for unpaid overtime under the Canada Labour Code. This case served as a reminder for employers of the potential costs of non-compliance with provincial or federal overtime requirements. Read more here. Federation of Labour v Saskatchewan 2015 SCC 4: Also in January, the Supreme Court of Canada affirmed that the "right to strike" is part of collective bargaining and that this right is protected by section 2(d) of the Canadian Charter. Read more here. Potter v New Brunswick (Legal Aid Services Commission) 2015 SCC 10: In March, the Supreme Court of Canada weighed in on a second employment related issue when it ruled that an administrative suspension constituted a constructive dismissal. The Court held that when the employer placed the employee on suspension without adequate reasons that constructive dismissal occurred. The Court also established that the employer had the onus to demonstrate that the suspension was reasonable and justified. Employers should keep the Court's decision in mind when using an administrative suspension. Read more here. Kielb v National Money Mart...