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Canada Arbitration Employee Rights

Stikeman Elliott LLP

Pensions and Leaves of Absences – No Extension of Canada Labour Code Protections to Other Retirement or Savings Plans

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In the decision of WestJet Encore v ALPA, dated March 31, 2025, Arbitrator Kaplan held that a Canada Labour Code (the “Code”) provision which requires that pension (as well as health and disability) benefits continue to be...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec’s Bold Proposal: Empowering Authorities to Safeguard Public Welfare During Work Stoppages

On February 19, 2025, Québec Minister of Labour Jean Boulet introduced Bill 89, which would amend the Québec Labour Code and related provisions to safeguard the well-being of the population by maintaining necessary services...more

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24 Key Developments in Canadian Labour and Employment Law in 2024

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In 2024, Canada saw significant legislative and case law developments in labour and employment law. This Insight provides an overview of notable developments and links to our more detailed articles and commentary....more

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British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

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Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

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In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the “weight of authority” in Ontario labour arbitration awards pertaining to mandatory COVID-19...more

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Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

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Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

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Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

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Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year, New Laws: A Summary of Workplace Law Changes, Effective January 1, 2019, in Ontario, Alberta, British Columbia, and...

Several changes in labour and employment law have recently been implemented in several Canadian provinces. Below is a summary of the key changes to provincial legislation in Ontario, Alberta, British Columbia, and Quebec that...more

Blake, Cassels & Graydon LLP

Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing...more

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