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Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dianne Pothier Collection
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Dianne Pothier Collection
This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …
Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier
Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier
Dianne Pothier Collection
The Supreme Court of Canada's decision in British Columbia Government and Service Employees' Union (BCGSEU) v. British Columbia (Public Service Employee Relations Commission)' starts like a classic Lord Denning judgment. Within the first few lines, without even knowing what the legal issue really is, you know who is going to win because of how that person is presented. Justice McLachlin's judgment, speaking for a unanimous nine-person Court, begins by noting that the grievor, Tawney Meiorin, "did her work well" but nonetheless "lost her job."' It was that dissonance that made the facts of the case compelling for reinstatement. But what …
Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier
Crossing The Lines In Dolphin Delivery: Some Thoughts On The Parameters Of The Charter Application - Unpublished, Dianne Potheier
Dianne Pothier Collection
A threatened picket line which never materialized turned into the unlikely setting out of which the Supreme Court of Canada drew the demarcation lines between litigation to which the Charter does and does not apply. I use the description "unlikely setting" not because it is odd that labour picketing was the context for debating the issue of Charter application. The considerable extent to which Canadian law leaves labour picketing to the common law makes it an obvious place to assess the Charter's application to the common law. But it could not have been less planned than Retail, Wholesale and Department …