12/18/2024
The Federal Court of Appeal has overturned a lower court decision and an adjudicator's decision in Giffen v. TM Mobile Inc. The Court of Appeal ruled that the adjudicator failed to consider key arguments that were made -including arguments about a discriminatory interpretation of the Canada Labour Code. Our client was fired shortly after returning from a maternity and parental leave. TM Mobile Inc. (Telus) argued that her mat leave replacement gained more "experience" while she was off - and Telus decided to keep the replacement instead of our client. Two lower decisions sided with Telus. A three judge panel of the Federal Court of Appeal has overturned those decisions, awarded costs at both Federal Court levels to Ms Giffen and sent the matter back to a new adjudicator to reassess parts of the decision. It is a fairly big win - though it is a difficult decision to plod through - and it does not bring an end to the ongoing legal proceedings. Lots of loose ends remain. Of course we would have preferred to see the Court rule definitively on two or three more issues - but this is still a fairly significant win. Judicial review cases are usually quite an uphill battle. Hopefully this matter can be fully resolved within a relatively short period of time. Here is the link to the decision. I must note that it is quite legalistic and fairly tough slogging.
Web Experience Toolkit (WET) includes reusable components for building and maintaining innovative Web sites that are accessible, usable, and interoperable. These reusable components are open source software and free for use by departments and external Web communities
