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Labour law in Canada falls within both federal and provincial jurisdiction, depending on the sector affected. Complaints relating to unjust dismissal (French: congédiement injuste) (where "the employee has been dismissed and considers the dismissal to be unjust," [30] which in certain cases also includes constructive dismissal) [31] can be made under the Canada Labour Code, [32] as well as ...
The Industrial Relations Act, 1996 (NSW) established a new Industrial Relations Commission which had an arbitral and judicial function. [4] When in was in Court Session, the Commission was called the Industrial Court of New South Wales. In 2016 the Industrial Court was abolished and its powers transferred to the Supreme Court of NSW. [5]
Canada's varied labour laws are a result of its geography, historical, and cultural variety. This expressed in law through the treaty-/land-based rights of individual indigenous nations, the distinct French-derived law system of Quebec, and the differing labour codes of each of the provinces and territories.
The Canada Labour Code (French: Code canadien du travail) is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts , occupational safety and health , and some employment standards.
WorkChoices introduced several restrictions on who was able to lodge an unfair dismissal claim with the AIRC. Unfair dismissal was defined by the Workplace Relations Act 1996 (the Act) as dismissal which is "harsh, unjust or unreasonable." [10] Employees had to be working for a business that had more than 100 employees, and served a qualifying ...
Unfair dismissal in Australia is the right to not be unfairly dismissed from work in the Fair Work Act 2009. This is a core part of Australian labour law , and refers to an unlawful act of employment termination due to it being an unfair action on the employee by the employer.
At the beginning of the COVID-19 pandemic, the New South Wales government introduced laws that required all aged care workers to receive a flu vaccination if it was available to them. [6] Sapphire required staff members to get vaccinated or provide proof of a valid exemption in the form of a letter from their General Practitioner (GP) or ...
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.