Employment Law Cases

Quick summaries of recent decisions

31 May 2022

Hussey v. Bell Mobility Inc.

CourtFederal Court of Appeal
Case NumberA-230-20
Practice AreaLabour & Employment Law
Ms. Hussey appealed the Federal Court's decision, which dismissed her application for judicial review of the adjudicator's decision. The adjudicator found her unjustly dismissed but didn't reinstate her, instead awarding compensation and costs.

13 May 2022

Nowlan v. Canada (Attorney General)

CourtFederal Court of Appeal
Case NumberA-135-21
Practice AreaLabour & Employment Law
Sherry Lee Nowlan sought a judicial review of the decision from the Federal Public Service Labour Relations and Employment Board in Nowlan v. Treasury Board (2021 FPSLREB 34). The issue revolved around section 12.1 of the National Joint Council's Relocation Directive. This directive was part of the collective agreement.

25 Apr 2022

Canada (Attorney General) v. International Brotherhood of Electrical Workers, Local 2228

CourtFederal Court of Appeal
Case NumberA-13-21
Practice AreaLabour & Employment Law
In this case, the International Brotherhood of Electrical Workers, Local 2228 (IBEW) represented civilian electronic technologists working at the Department of National Defence. The dispute revolved around the calculation of overtime pay during sea trials, which required irregular working hours aboard naval vessels.

30 Mar 2022

Babb v. Canada (Attorney General)

CourtFederal Court of Appeal
Case NumberA-127-20
Practice AreaLabour & Employment Law
David Glenn Babb challenged the Federal Public Sector Labour Relations and Employment Board's decision. Board had dismissed Babb's grievances. Found no discrimination or bad faith in his termination due to incapacity. Board concluded the employer's duty to accommodate Babb had ended.

16 Mar 2022

Tulk v. Canada (Attorney General)

CourtFederal Court of Appeal
Case NumberA-94-20
Practice AreaLabour & Employment Law
In the case of Tulk v. Canada (Attorney General), the applicant, Andrew Tulk, challenged a decision made by the Federal Public Sector Labour Relations and Employment Board (the Board) regarding his grievance on a harassment complaint investigation. The Board dismissed the applicant's grievance, citing lack of jurisdiction under paragraph 209(1)(b) of the Federal Public Sector Labour Relations Act.

17 Feb 2022

British Columbia Ferry and Marine Workers’ Union v. Canada (Transport)

CourtFederal Court
Case NumberT-655-20
Practice AreaLabour & Employment Law
BC Ferries, Canada's largest ferry operator, received two new Island Class ferries as part of its fleet renewal program. They applied for Safe Manning Documents (SMDs) and proposed different crew levels for passenger capacity. Transport Canada issued SMDs with slightly higher crew levels than proposed. BC Ferries later applied for a new SMD, proposing a crew of five for up to 150 passengers due to automation and advanced technology. Transport Canada approved the application, stating it met safety standards. The union representing crew members sought a judicial review, but the court dismissed the application.

2 Feb 2022

Sky Regional Airlines Inc. v. Trigonakis

CourtFederal Court
Case NumberT-616-20
Practice AreaLabour & Employment Law
The applicant seeks judicial review of an award that found their dismissal of the respondent unjust and awarded compensation. The applicant requests the court to set aside the award, uphold the dismissal, and require the respondent to repay the awarded funds. The court grants the application for judicial review, remitting the matter to a new adjudicator.

1 Feb 2022

Langevin v. Air Canada

CourtFederal Court of Appeal
Case NumberA-252-18
Practice AreaLabour & Employment Law
Mr. Langevin filed a complaint against his former employer, Air Canada, with the Canadian Human Rights Commission (the Commission). The Commission declined to deal with the complaint, and Mr. Langevin failed to file an application for judicial review within the specified time.

27 Jan 2022

Ashraf v. Jazz Aviation

CourtFederal Court of Appeal
Case NumberA-19-21
Practice AreaLabour & Employment Law
Mr. Affan Ashraf, a flight attendant, was dismissed from his employment with Jazz Aviation. He filed a lawsuit in the Federal Court alleging wrongful dismissal, discrimination, workplace harassment, and Charter violations. The Federal Court dismissed his claim, stating that it did not disclose a reasonable cause of action.

11 Jan 2022

Grant v. Unifor

CourtFederal Court of Appeal
Case NumberA-454-19
Practice AreaLabour & Employment Law
In this case, the applicant complained to the Canada Industrial Relations Board against his union for unfair representation. However, the Board did not consider the merits of the complaint, citing a time limitation provision in the Canada Labour Code. The applicant's complaint was brought approximately six months after the required time period.

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