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The 2016 Annotated Canada Labour Code (Print + ProView)

Product details:

Format: Book - softbound
Brand: Carswell
Service #: 41995836
Publication frequency: As needed
Update method: No updating

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The 2016 Annotated Canada Labour Code (Print + ProView)

103292883

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Out of stock
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103292883
103292883
Book - softbound
Special pricing applies

GAIN EXPERT INSIGHT, EXTENSIVE CASE ANNOTATIONS AND COMMENTARY IN THE THE 2016 ANNOTATED CANADA LABOUR CODE. This 2016 Edition of the Annotated Canada Labour Code digests one-hundred and twenty-six new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees and the courts since the publication of last year's Edition, resulting in approximately one-hundred and ninety-one areas of the Code which have been impacted. Among the forty-six Part I decisions that were issued, the Board has further articulated its criteria in determining whether to file its orders in Federal Court; sets out the Complainant's responsibilities in filing documents to support a s.37 complaint; elaborates upon whether employees can change their minds about support for a certification or revocation applications; and establishes criteria to permit remote-access to a hearing for client representatives and/or witnesses. As concerning Part II, there has been a number of substantive legislative changes the latest amendments of which came into force on 31 October 2014. All such amendments are reflected in this year's Edition. In addition, the OSH Appeal Board, inter alia, has provided further guidance regarding an employer's level of responsibility to ensure familiarity to third persons with the use of its safety materials and equipment in the workplace; further amplifies under what circumstances must an employer investigate a 'violence in the workplace' complaint; articulates whether a hazard can be caused solely by an employee's own medical condition; sets the threshold test of what constitutes a "normal condition of employment"; and clarifies whether expressing conclusions on the cause of an accident in the context of a direction issued pursuant to s.145(1) constitutes an excess of jurisdiction. In Part III, there have similarly been a number of new legislative amendments which have recently come into force and are reflected in this Edition. Additionally, new case digests address issues including an adjudicator's jurisdiction to hear unjust dismissal complaints in the presence of Settlement and Release agreements; the level of accommodation required to accommodate pregnant or nursing employees; the listing of factors in determining whether fixed term contracts can give rise to wrongful dismissals; and whether s.251.11 grants a right of appeal on any decision rendered by an inspector. New in this Edition The 2016 Edition of the Annotated Canada Labour Code digests one hundred and thirty-one new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees, and the courts since the publication of last year's Edition, resulting in approximately two hundred and sixty areas of the Code which have been updated. Of note are the following decisions: Wilson and Atomic Energy of Canada Ltd., Re, 2015 CarswellNat 64 - An employee may be terminated on a without cause basis as there is nothing in the Code or in its purpose that suggests that Parliament was granting non-unionized employees a "right to the job" or was trying to place unionized and non-unionized employees in the same position: protected from being dismissed without cause. Clark and Federal Express Canada Ltd., Re, 2014 CarswellNat 3187- The clock starts to run for calculating the 90-day period in s. 240(2) of the Code from the date that an "employer-crafted" internal appeal process has been exhausted, and not from the date the original notice of dismissal is given to an employee. Ms. Z, 2014 CIRB 727- The union must maintain its objectivity when investigating cases of harassment involving members of the same unit. It must also ensure objectivity when deciding whether or not to represent one or another of its members and must take care to avoid any appearance of bias in favour of one member to the detriment of another. Finally, the union must act even more cautiously when one of the members in question is a shop steward. The