This edition of the Annotated Canada Labour Code digests 99 new decisions rendered by the CIRB, adjudicators and courts since the last edition.

New case law under Part I of the Code include a discussion of whether the Board has the jurisdiction to disqualify counsel; the latitude afforded unions to negotiate agreements; whether an employer can refuse to recognize part or all of the employees in a certified unit; the Board’s role in the interpretation and application of a union’s referral rules; analysis of the main principles relevant to the filing of unfair labour practice complaints; requirement of a union member to exhaust all internal remedies before filing a complaint against the union; and the broad s. 99 remedial discretion that is availed to the Board.

New jurisprudence under Part II includes determination of when work refusals are made in bad faith; whether a right to appeal exists if Heads of Compliance don’t issue directions; factors taken into account in assessing reinstatement; who bears the onus to establish that an employer’s threat was not linked to a work refusal; and the delineation of s. 147 criteria to determine whether a complainant has acted in accordance with Part II.

Part III cases provide clarification on whether probationary periods in employment contracts exempt employers from providing minimum s. 230 notice; calculation of severance pay for part-time employees; the Board’s jurisdiction under Part III to decide whether two employers constitute a single employer; whether employers owe a duty of procedural fairness in layoff decisions; Board authority to reinstate terminated employees to different positions; methods available to calculate damages in lieu of reinstatement; relevance of Part III unjust dismissal settlements in later wrongful dismissal suits; whether wage recovery appeals are restricted to questions of law or jurisdiction; and whether unjust dismissal complaints and wage recovery appeals may be consolidated.

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The 2024 Annotated Canada Labour Code

The 2024 Annotated Canada Labour Code