Employment and Labour Lawyers for Management

The Canadian Federation of Independent Business (”CFIB”) appears to have ruffled the feathers of the WSIB.  In a combative September 3, 2009 press release, the CFIB blasted the WSIB for recent financial market losses and called for an independent review of the Board as a result of what the CFIB called “…blatant mismanagement and monopolistic complacency“.   The CFIB even compared the WSIB’s situation to the recent high profile public scandals involving E-Health and the Ontario Lottery and Gaming Corporation.

The WSIB replied aggressively (particularly by the ordinarily reserved standards of a public agency) in a responding press release and accused the CFIB of “distorting the facts” and suggested that the independent business lobby group was engaging in “sabre rattling“.  The Board pointed out that CFIB has been actively participating in various WSIB consultations and argued that the Board’s financial performance compared favourably to large Canadian pension funds over the course of the economic downturn.  The Board ramped up the rhetoric and stated that it was rejecting the “armageddon approach” and suggested that the CFIB ought not to issue “…unwarranted accusations and rhetoric at a time when we need to work together.”

The tone of both press releases closely resembled the approach typically taken by political parties in the heat of an election campaign.  It will be interesting to see what the next salvo in the PR battle brings.

Ryan Conlin: rconlin@sbhlawyers.com

An Employment Insurance Board of Referees has decided that both parents of newborn twins qualified separately for 35 weeks of employment insurance parental benefits.

Christian Martin’s wife gave birth twin girls who were premature, underweight and required constant care and attention. The Board heard evidence that the parents were overwhelmed and exhausted caring for the babies and as a result of complications during the pregnancy. The added complications required Mr. Martin to assist with the ongoing care, and would keep him out of work for approximately 35 weeks.

The parents each applied for 35 weeks of parental benefits. The mother received the full benefits for one infant, while Mr. Martin was denied benefits for the other. Mr. Martin appealed the decision. The Board focussed on the fact that Mr. Martin had to take time off work to care for the twins and allowed his appeal.

While this decision has no precedential value, Boards of Referees tend to be relatively deferential to one another. As such, it is likely that this decision will impact and increase future claims for parental benefits in the case of multiple births.

The EI Commission has 60 days to appeal the decision to the Federal Court. In the event that the decision stands, employers should be prepared for an increase in parental leave requests where an employee’s wife gives birth to multiple babies.

A copy of the decision can be found at http://www.scribd.com/doc/19865129/EI-Board-of-Referees-Decision-on-twins.

Ryan Conacher - rconacher@sbhlawyers.com