Court challenge launched against elimination of home mail delivery / Canada Labour Code narrows work refusal rights
Court challenge launched against elimination of home mail delivery
OTTAWA — Representatives from seniors’ groups as well as organizations for people with disabilities have joined the Canadian Union of Postal Workers (CUPW) as it launches a major legal challenge against efforts to eliminate home mail delivery.
"In Canada, people should count, not just the bottom line," said Denis Lemelin, national president of the CUPW.
The union plans to file its challenge at the Federal Court of Canada under Canada’s Charter of Rights and Freedoms, asking the court to put a stop to Canada Post’s termination of home mail delivery.
CUPW is arguing the decision is well beyond Canada Post’s authority.
The union wants the federal government — which created and runs the Crown corporation and defines its mandate — to make the ultimate decision.
Canada Post announced its intentions to end home mail delivery on Dec. 1, 2013.
The decision, along with Canada Post’s subsequent requirement of a medical note to retain home delivery — has critics calling for intervention.
"This is one of the most important postal decisions which has ever been made since Canada Post was created in 1981," said Paul Cavalluzzo, a constitutional lawyer who will be arguing the case on behalf of disabled and senior citizens.
Canada Labour Code narrows work refusal rights
OTTAWA — On Oct. 31, changes to the Canada Labour Code will come into effect, redefining the meaning of "danger" for the purpose of work refusals.
The changes will affect federally-regulated employers.
Concerns that the majority of work refusals are unjustified have led to a more restrictive definition of danger. Potential hazards, conditions or any current or future activity that could reasonably be expected to cause injury or illness will no longer be encompassed by the term "danger."
Following the changes, danger will be defined as "any hazard condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered."
As a result, work refusals will only be justified when an employee is faced with an imminent or serious threat to his or her life or health.
The process surrounding the investigation following a work refusal will also change.
In the past, health and safety officers investigated work refusals. Moving forward, the employer will conduct its own internal investigation with the employee in an attempt to resolve complaints internally.
When a complaint is not resolved with the employer’s investigation, it will be referred to the Ministry of Labour.
