Tag: Superior Court of Quebec

The erosion of employers’ managerial rights

by Mikael Maher In a recent arbitration case, Tshiuetin Rail Transportation Inc. v. Steelworkers, Local 7065-75, the arbitrator, Bruno Leclerc, and the Superior Court of Quebec challenged a well-established principle in labor relations, which is that an employer retains managerial rights in the absence of limiting provisions in the collective agreement. In this case, the […]

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Freedom of expression during collective bargaining: What are the limits?

by Stéphane Fillion and Laïla Tremblay In Canada, many cases have considered and limited an employer’s freedom of expression during collective bargaining. But what about the freedom of expression of the employees during that period? Is it similarly limited? In Québec (Procureure Générale) v. Commission des relations du travail, division des relations du travail (available […]

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No short-term disability benefits for tummy tuck recovery

by Louise Béchamp In an interesting case, the Superior Court of Quebec in Syndicat des agents de la paix en services correctionnels du Québec v. Pineau confirmed on judicial review an earlier arbitration decision denying an employee short-term disability benefits for the recovery period following cosmetic surgery.

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Bonuses may be part of equation when calculating pay in lieu of notice

By Myriam Robichaud Most employers in Canada understand that when terminating an employee, reasonable notice of termination or pay in lieu of notice must be provided. While this principle appears simple, determining which elements of compensation must be included in pay in lieu of notice can be complicated.

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