LEEL 369 Lecture Notes - Lecture 15: Vise, Occupational Safety And Health, Collective Agreement
4 Aug 2019
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B ton brunet: brunet rent a cement warehouse from lafarge, who wants to leave for four years. Raises questions for s. 45 of the labour code. Court of appeal: a reasonableness standard applies (cites dunsmuir); concludes that the decision by the commission was not unreasonable; it was in fact the only outcome they could arrive at. Morrissette j: he underlines a range of factors in the transfer; gives a flavour for. Conclusion: there was a transfer of the droit d"usage of the warehouse, but not of the materials. Para 39: what is actually transferred? (slide: compares things that point towards a transfer, and things that point against a transfer). Parallel concern: avoiding a montage juridique , that would allow through contractual framing for one to step away from the application of s. 45 (para 36). Asp: a team that functions with employers, unions, experts, be close to the workplace, provide guidance to ensure occupational health & safety are respected.
