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Canadian HR Reporter, a Thomson Reuters business 2014
court
challenge
launched
against
elimination
of home mail
delivery
OttaWa — Representatives
from seniors' groups as well as
organizations for people with
disabilities have joined the Ca-
nadian Union of Postal Work-
ers (CUPW) as it launches a
major legal challenge against
efforts to eliminate home mail
delivery.
"In Canada, people should
count, not just the bottom line,"
said Denis Lemelin, national
president of the CUPW.
The union plans to file its
challenge at the Federal Court of
Canada under Canada's Charter
of Rights and Freedoms, asking
the court to put a stop to Can-
ada Post's termination of home
mail delivery.
CUPW is arguing the deci-
sion is well beyond Canada
Post's authority.
The union wants the federal
government — which created
and runs the Crown corporation
and defines its mandate — to
make the ultimate decision.
Canada Post announced its
intentions to end home mail de-
livery on Dec. 1, 2013.
The decision, along with Can-
ada Post's subsequent require-
ment of a medical note to retain
home delivery — has critics call-
ing for intervention.
"This is one of the most im-
portant postal decisions which
has ever been made since Cana-
da Post was created in 1981," said
Paul Cavalluzzo, a constitutional
lawyer who will be arguing the
case on behalf of disabled and
senior citizens.
canada
labour code
narrows work
refusal rights
OttaWa — On Oct. 31,
changes to the Canada Labour
Code will come into effect, rede-
fining the meaning of "danger"
for the purpose of work refusals.
The changes will affect feder-
ally-regulated employers.
Concerns that the majority
of work refusals are unjustified
have led to a more restrictive
definition of danger. Poten-
tial hazards, conditions or any
current or future activity that
could reasonably be expected
to cause injury or illness will no
longer be encompassed by the
term "danger."
Following the changes, danger
will be defined as "any hazard
condition or activity that could
reasonably be expected to be
an imminent or serious threat
to the life or health of a person
exposed to it before the hazard
or condition can be corrected or
the activity altered."
As a result, work refusals will
only be justified when an em-
ployee is faced with an imminent
or serious threat to his or her life
or health.
The process surrounding the
investigation following a work
refusal will also change.
In the past, health and safety
officers investigated work re-
fusals. Moving forward, the
employer will conduct its own
internal investigation with the
employee in an attempt to re-
solve complaints internally.
When a complaint is not re-
solved with the employer's in-
vestigation, it will be referred to
the Ministry of Labour.
Passengers await their check-in for German airline Lufthansa. Pilots at Lufthansa continue to strike as
the dispute over an early retirement scheme drags on.
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