In Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval, 2016 SCC 8, the Supreme Court upheld an arbitrator’s decision to allow a union grieving the dismissal of a teacher to examine school board members who made the in camera decision concerning the reasons for the dismissal. The court found that “(t)he principle that the motives of a legislative body are “unknowable” and deliberative secrecy do not apply to a public employer…that decides to take disciplinary action against an employee, even if an in camera meeting is ordered” and that the board members could be examined, “subject to the limits of what is relevant and to the other rules applicable to the inquiry into the grievance.” (para. 6) The decision also clarifies the standard of review (reasonableness) applicable to arbitrators’ decisions. These articles discuss the ruling: Categorical Disagreement – Administrative Law Matters Teacher’s union can call witnesses from in camera school board meeting, SCC rules – Legal Feeds

The SCC dismissed the employer’s application for leave to appeal the Manitoba Court of Appeal decision in Winnipeg Airports Authority Inc v Public Service, 2015 MBCA 94. This is the case in which the Court of Appeal upheld the arbitrator’s decision that, under the terms of their collective agreement, employees were entitled to be paid both the shift premium and the weekend premium when they work a regular evening or night shift on weekends.

In Northern Regional Health Authority v. Manitoba Human Rights Commission, 2016 MBQB 89, the court set aside a human rights board of adjudication decision reinstating a health care aid who had been fired after allegedly violating the terms of a memorandum of agreement addressing her alcohol addiction. The court found that the adjudicator’s approach was incorrect and focused on the legal characterization of the dispute (whether there was a violation of the employee’s human rights) as opposed to determining the essential character of the dispute in its factual context (whether there was just cause to terminate employment of a unionized employee with an alleged addiction problem and whether an alleged breach of the memorandum of agreement constituted just cause for termination of employment). The court also found that to the extent that the dispute raises issues that would fall under the jurisdiction of a labour arbitrator and a human rights adjudicator, in the factual context of the dispute, labour arbitration is a “better fit” for determining the dispute. The court therefore ordered that the dispute be determined in accordance with the grievance and arbitration procedures in the collective agreement.

Federal Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, passed second reading on March 7, 2016 and was referred to a standing committee for study. The committee adopted the bill without amendment on May 9, 2016. Bill C-4 repeals two labour-related bills passed by the former government: it amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015. It also amends the Income Tax Act to remove the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public. For further information on the latter, the Bill C-377 amendments to the Income Tax Act, see the CBA article Contained explosion: CBA comments on just a piece of Bill C-4 Bill C-5, Economic Action Plan 2015 Act, No. 1, was introduced and received first reading on February 5, 2016. It repeals Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1, which authorizes the Treasury Board to establish and modify terms and conditions of employment related to the sick leave and disability regime of employees of the core federal public administration, notwithstanding the provisions of the Public Service Labour Relations Act. Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, introduced March 9, 2016, was amended by the Standing Committee on Public Safety and National Security and presented on April 22, 2016. Among other things, Bill C-7 amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act. S-201, the Genetic Non-Discrimination Act, passed by the Senate with amendments on April 14, 2016, received first reading before the House of Commons on May 3, 2016. It prohibits any person from requiring an individual to undergo a genetic test or disclose the results of a genetic test as a condition of providing goods or services to, entering into or continuing a contract or agreement with, or offering specific conditions in a contract or agreement with, the individual. Specifically it amends the Canada Labour Code to protect employees from being required to undergo or to disclose the results of a genetic test, and provides employees with other protections related to genetic testing and test results. It also amends the Canadian Human Rights Act to prohibit discrimination on the ground of genetic characteristics. Provincial Sections 2 to 4, 5(1)(b), 6, 7 (insofar as it enacts section 59.11) and 8 to 12 of The Employment Standards Code Amendment Act (Leave for Victims of Domestic Violence, Leave for Serious Injury or Illness and Extension of Compassionate Care Leave), S.M. 2016 c.2, have been proclaimed in force effective June 1, 2016. The legislation, the first of its kind in Canada, amends The Employment Standards Code to allow employees who are victims of domestic violence to take up to 10 days of leave, as well as a continuous leave period of up to 17 weeks. The proposed legislation is described as innovative and ground breaking in these blog posts: Manitoba Employment Standards Legislation to Include Leave for Victims of Domestic Abuse – Lawson Lundell Victims of domestic violence could get paid leave in Manitoba - FindLaw Canada Manitoba Proposes Domestic Violence Leave - Slaw As noted in this TDS post, other new leave of absence provisions (compassionate care and long term leave for serious illness) have been added to the Code effective April 1, 2016.

TFWP: Striking a balance between the carrot and the stick – this CBA Influence article identifies concerns with the temporary foreign worker and express entry programs and links to a submission summarizing past concerns and offering recommendations for improvement in these programs. Privacy Torts in the Unionized Context – this Slaw post discusses how employers in the unionized context may risk exposure in privacy torts if they deal inappropriately with confidential employee information. Employees’ Interests Reign, More Bad News For Fixed Term Contracts and Getting into a Fix - Court of Appeal awards 37 months of compensation to employee on fixed-term contract – these are just a few of the many commentaries on the recent Ontario Court of Appeal decision in Howard v. Benson Group Inc. (The Benson Group Inc.), 2016 ONCA 256, alerting employers to the costs associated with poorly drafted fixed term contracts. A Quick Guide to the Taxation of Retiring Allowances – this Dentons’ article discusses preferential tax treatment of severance payments characterized as retiring allowances.

Barron Henley, a renowned legal technology expert and efficiency consultant, will be in Winnipeg to present two all day programs at the Law Society in June: Microsoft Word for the Legal Profession (June 14, 2016) and Legal Technology Academy (June 15, 2016). Learn what technology tools best suit your practice and master Word’s complex formatting and features in classes designed by and for lawyers. Special rates are offered for small firm and student registrants and fees include refreshments and materials (including a Word manual and pre-formatted templates for the Word course).

The Manitoba Human Rights Commission - panelists at this Administrative Law section lunch meeting on May 30, 2016 will discuss common procedural issues at the Manitoba Human Rights Commission, including the “reasonable offer” process, confidential settlement negotiations, and judicial review of decisions. The session will be held in the 2nd floor meeting room, 444 St. Mary Avenue. Drafting an Employment Agreement – the instructors of this June 23, 2016 online session will guide you through the key provisions of an employment agreement in the context of a corporate transaction, providing practical examples to refine your drafting skills and help you counsel your clients.

Grant Mitchell will present Labour Law Online’s one-day Progressive Discipline Seminar on June 7, 2016 at the Hotel Fort Garry in Winnipeg, and on June 8, 2016 at the Victoria Inn, Brandon. For further information or to register, see the Labour Law Online website.