The AJC has filed an application for leave to appeal to the Supreme Court of Canada :: Association of Justice Counsel News
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June 3rd, 2016
June 3rd, 2016
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The AJC has filed an application for leave to appeal to the Supreme Court of Canada

The AJC has filed an application in the Supreme Court of Canada for leave to appeal the Federal Court of Appealīs ruling on the mandatory after-hours call duty.  

The Federal Court of Appeal granted Treasury Board's application for judicial review of the Public Service Labour Relations and Employment Board ruling in which the adjudicator found that the employer's call duty directive was unreasonable and in contravention of the collective agreement and in particular, section 7 Charter rights and management rights clauses 6.01 and 5.02 respectively.  

In a unanimous decision, the Federal Court of Appeal found that management's unilateral imposition of call duty which includes restrictions on such jurists' off-duty activities does not constitute a violation of employed jurists' privacy rights. The act of imposing restrictions on off-duty activities such as not leaving town to attend a family obligation and not consuming alcohol while off duty was considered a reasonable exercise of management's rights.

In addition to seeking leave to appeal the decision, the AJC's negotiations team intends to address this issue at the bargaining table.

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