A forestry company (“International”) was unsuccessful on an application for judicial review from a decision of the BC Human Rights Tribunal (“Tribunal”) that a voluntary severance agreement (“Agreement”) ratified by the forestry workers union discriminated against non-active employees because active employees were offered severance pay under the Agreement, whereas non-active employees were not

24. April 2007 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Human rights complaints – Discrimination – Disability –  Employment law – Severance pay – Labour law – Collective agreements – Judicial review – Evidence – Jurisdiction – Standard of review – Correctness International Forest Products Ltd. v. Sandhu, [2007] B.C.J. No. 289, British Columbia Supreme Court, February ...

The Ontario Nurses’ Association (the “Association”), representing a nurse who was terminated for innocent absenteeism due to disability (“Tilley”), successfully applied for judicial review of a decision of a Board of Arbitration which had held that the hospital’s failure to pay severance to Tilley did not violate s.15(1) of the Canadian Charter of Rights and Freedoms (the “Charter”)

23. March 2004 0
Administrative law – Employment law – Termination of employment – Severance pay – Human rights complaints – Disability – Charter of Rights – Discrimination – Decisions of administrative tribunals – Arbitration Board – Judicial review – Standard of review – Correctness Ontario Nurses’ Assn. v. Mount Sinai Hospital, [2004] O.J. No. 162, Ontario Superior Court of Justice – Divisional ...