By Nichole Mirwaldt and Jeff Smorang Since March 2020, many Canadian workers have been unable to work for reasons related to COVID-19. In response, the Canadian government implemented the Canada Emergency Response Benefit (“CERB”), which provided for $2,000 per month to employed and self-employed Canadians directly affected by the pandemic. This program has been in place since March 15,…

This case involved a constitutional challenge to The Public Services Sustainability Act (“PSSA”), brought on behalf of a labour coalition comprised of the Manitoba Federation of Labour (“MFL”) and 28 plaintiff unions. The claim alleged that the PSSA violated the plaintiffs’ right to freedom of association under s. 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”) The PSSA…

The Myers LLP Labour Department is pleased to announce that the Manitoba Court of Queen’s Bench has declared The Public Services Sustainability Act unconstitutional. In the court ruling, Queen’s Bench Justice Joan McKelvey wrote, “I have concluded that the (bill) operates as a draconian measure that has inhibited and dramatically reduced the unions’ bargaining power and violates (charter)…

Union constitutions and bylaws are the central documents in the governance of internal union affairs and the relationship between unions and their members. Unions faced with the unprecedented circumstances resulting from COVID-19, the declaration of a province-wide state of emergency under The Emergency Measures Act by the Manitoba government, and related orders issued by the chief…

By Shannon Carson This is to advise of the newest Public Health Order issued March 30, 2020, that will now require the temporary closure of union and association offices, further to social distancing efforts required by COVID-19. A copy of the Order may be found at https://www.gov.mb.ca/asset_library/en/proactive/2019_2020/orders-soe-03302020.pdf As per Order #3, businesses (other…

By Jeff Smorang The Government of Canada has consolidated its previously announced benefit programs (Emergency Care Benefit and the Emergency Support Benefit) into one program called the Canadian Emergency Response Benefit. This benefit is designed to help workers who have lost their employment due to the COVID-19 pandemic. Canada Emergency Response Benefit (CERB) This program will…

By Jeff Smorang I am worried I could be exposed to COVID-19 at my workplace. Can I refuse to report to work? If your workplace remains open during the pandemic, and working from home is not a feasible option, you are expected to go to work. However, as an employee, you can expect a safe work environment. Under Manitoba’s The Workplace Safety and Health Act, an Employer has a duty to…

Mel Myers 2020 Labour Conference Rescheduled Due to health concerns arising from the recent spread of the COVID-19 virus, which continue to evolve on a daily basis, the lawyers at Myers LLP have decided today to reschedule the Labour Conference which was to be held next week on March 19 and 20 to November 9 and 10, 2020, at the Victoria Inn Hotel and Convention Centre. We apologize for…

Myers LLP is pleased to announce that Garth Smorang, Q.C. has been inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America, at its 2020 Spring Meeting in Tucson, Arizona. Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by…