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The Federal Court dismissed Hamza Nasir’s judicial review of a CRA staffing screen-out, finding the agency reasonably accommodated his parental leave and the decision was reasonable.
On the balance of probabilities the appellant had assurance of immediate alternate full‑time employment and therefore had no reasonable alternative to leaving his employment on May 17, 2022; accordingly he had just cause under s29(c)(vi) of the Employment Insurance Act and is not disqualified from benefits.
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The appellant voluntarily quit and failed to prove on the balance of probabilities that he had no reasonable alternative to quitting when he did; because his choice to pursue homeopathic treatment in India was personal, his Canadian doctors did not refer him, and he did not establish that treatment could not reasonably have been pursued in Canada, he lacked just cause and is disqualified from EI benefits until he requalifies by working sufficient insurable hours.
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Vacation pay paid on July 1, 2020 arises out of the Claimant's employment and therefore constitutes earnings. Because the payment was not made on separation but covered the prior 12-month vacation period, it must be allocated at the Claimant's normal weekly earnings to the weeks of unpaid vacation taken in 2019 and thereafter to the weeks including and following July 1, 2020; the Commission's initial allocation treating the payment as if it followed separation was incorrect.
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The court declined to impute income to the respondent during parental leave, rejected Tae Kwon Do as a special expense, and made limited daycare and disclosure orders.
The appeal was allowed because the Amending Order improperly deleted common question v); the trial judge's reasons manifest an intention to certify the breach question as a common issue and Rule 397 does not authorize deletion where the order reflects the court's manifest intent, therefore the Amending Order was corrected to restore the common question.
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Ma v. British Columbia (Employment Standards Tribunal)
Judicial review of Employment Standards Tribunal decisions was dismissed. The court found no patent unreasonableness or unfairness in rejecting the appeal and reconsideration.
The Court upheld the Board’s finding of prima facie discrimination under s.5(1)(r) but allowed the appeal on the s.6(i) issue, holding the adoption leave top-up is a genuine ameliorative program rationally connected to addressing adoptive parents’ disadvantages and therefore excepted from the discrimination prohibition; the Board’s remedial order was overturned and the complaint dismissed.
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The Supreme Court of Canada restored an arbitrator’s award holding that a benefit scheme for birth mothers was discriminatory and deserved deference.
The court upheld the Tribunal’s interpretation of parental leave under the Employment Standards Act and dismissed the petition, finding no fatal procedural unfairness.
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