Different But Hopefully Equal? Federal And Provincial Employment Standards To Be Considered By The Supreme Court

The Supreme Court of Canada has granted leave in an appeal about whether provincial or federal legislation governs workplace compensation for federal workers. If the decision of the Court of Appeal in Martin v. Alberta (Workers' Compensation Board), 2012 ABCA 248 is upheld, federal workers may find that their claims for accident-related compensation will be determined by provincial standards rather than solely the provisions of the federal Government Employees Compensation Act.

Background

Martin commenced a labour complaint against his employer, Parks Canada. Subsequently, Parks Canada instructed Martin to release data on his work computer so that Parks Canada could comply with a request for information. Martin alleged this request triggered a mental health condition that required him to take leave and ultimately prompted a claim for compensation.

The Board determined that Martin was ineligible for compensation because he did not meet the provincial WCB's eligibility criteria under the province's Workers' Compensation Act.

The chambers judge found that federal workers who made claims in Alberta had a right to have a determination of their eligibility for compensation determined only by reference to s. 4(1)(a)(i) of the federal Government Employees Compensation Act. The judge found that the definition of "accident" in the Government Employees Compensation Act had been incorporated into s. 4 (1) (a) (i) of the Act, and this definition set the sole measure for eligibility where federal employees were concerned.

Held

The Court of Appeal overturned that decision, finding instead that the provisions of both the provincial and federal acts applied to federal employees, and that the federal legislation either incorporated - or was at least consistent with - the provincial legislation.

As a result, it was determined that employees must satisfy the terms of the Board's...