Verhelle v. Canada Post Corporation (2010 FC 416)
We successfully argued against an application for judicial review filed by an employee requesting the Federal Court to require the Canadian Human Rights Commission to deal with this human rights complaint. The employee had filed a human rights complaint alleging that his employer had discriminated against him on the basis of disability. The employee’s complaint was dismissed by the Commission on the basis that two arbitrators had already rendered decisions with respect to grievances dealing with his allegations of discrimination and failure to accommodate. The Federal Court agreed that the Commission had properly determined that the employee’s human rights complaint had already been dealt with through the arbitration process.
OPSEU (Local 439) v. Brockville Mental Health Centre
We successfully argued against grievances which claimed that the grievors were entitled to be paid in accordance with the call-back provision of the collective agreement when they were called at home by the health benefit provider. The main reason for the calls was to obtain medical confirmation of the grievors’ past absences and to discuss the services offered by the provider. Arbitrator Bloch rejected OPSEU’s argument that these calls constituted attendance management meetings, and dismissed the grievances.
Wilcom Systems Ltd. v. M.N.R., 2009 TCC 574
We successfully appealed the Minister of National Revenue’s ruling whereby it found that a subcontractor who was retained by our client to provide computer support services to Natural Resources Canada was an employee for the purposes of the Canada Pension Plan and Employment Insurance Act. The Tax Court agreed with our submissions that although the individual was performing the services at the NRC site, and within the core hours set by NRC, the subcontractor had entered into a binding contract which clearly stated the intention of the parties to create an independent contractor relationship.
WSIAT Decision 1527/09 (Ontario Workplace Safety and Insurance Appeals Tribunal)
On behalf of a Government Employees' Compensation Act employer, we appealed and reversed the granting of compensation to a worker who claimed that suitable employment was not offered. The worker had been awarded full loss of earnings benefits to age 65, and the decision resulted in an immediate reversal of $190,000 + in paid benefits.