Importantly, the Canada
Labour Code applies to «federal works and undertakings», which is defined by section 2 of that law as follows:
Not exact matches
The admissions
code was tightened under
Labour, and this year was the first full year during which the revised
code was
applied.
USW Local 1 - 424 successfully
applied to the
Labour Relations Board for damages under s. 54 of the
Labour Relations
Code when the Wolverine Mine laid off approximately 300 employees indefinitely and with no notice.
While the decision involves the Canada
Labour Code and only
applies directly to federally regulated employers, provincially regulated employers should not overlook the potential for the decision to impact them.
Other employment standards regimes (for example, the Canada
Labour Code, which
applies to federally regulated employers) do include dependent contractors.
The USW Local 1 - 424 successfully
applied to the
Labour Relations Board for damages under s. 54 of the
Labour Relations
Code when the Wolverine Mine laid off approximately 300 employees indefinitely and with no notice.
However, if the company is a federal enterprise or a federally incorporated company, legislation under the Canada
Labour Code («CLC «-RRB-
applies regardless of where an employee physically works.
Unless the work or undertaking falls within one of the established categories of federal jurisdiction or is integrally connected to such an undertaking, it is provincial and the provisions of the Canada
Labour Code do not
apply.
However, it determined that an exception under s. 18 (1)(o) of PIPA
applied to the requirement to obtain consent, as collection, use and disclosure without consent is «required or authorized by law» based on s. 96 of the
Labour Relations
Code, which requires arbitrators to file a copy of their awards with the director, who in turn is required by law to make the award «available for public inspection».
A recent decision of the Federal Court has confirmed that adjudicators acting under the wrongful dismissal provisions of the Canada
Labour Code can
apply equitable principles in determining jurisdiction.
Budget 2015 proposes to introduce amendments to the Canada
Labour Code (CLC), which
applies to federally regulated employers.
My American colleagues are used to dealing with a Federal version of our provincial
labour codes that
applies (generally) in a uniform manner across all of the United States.
In
applying the Canada
Labour Code, adjudicators have adopted the so - called «modern approach» to damages in lieu of reinstatement.
However, some past decisions of the Canadian Industrial Relations Board have indicated Canadian laws — specifically those that have been referred to in the Canadian
Labour Code, which governs federally regulated employers — should
apply beyond Canadian geography.
Alberta's
Labour Relations
Code would
apply to the agricultural sector, and would give waged non-family employees the ability to unionize if they choose, and to bargain collectively.