Factual Background
The Supreme Court of Canada, in its long-awaited decision
rendered in Canada Post Corp. v. Canadian Union of
Postal Workers1, has recently
confirmed that specific provisions of the Canada Labour
Code ("CLC") regarding inspection of a workplace,
for health and safety purposes, only extend to that part of the
workplace over which an employer has physical control.
In this case, a complaint was filed with Human Resources and
Skills Development Canada, by a representative of the union who sat
on the Local Joint Health and Safety Committee (the
"Committee") at the Burlington Depot, in Ontario.
The complaint claimed that Canada Post Corp ("Canada
Post") failed to comply with its obligations under section
125(1)(z.12) of the CLC by limiting its annual workplace
inspections to the Burlington Depot only. The complaint stated that
such inspections should not be limited to the Burlington Depot, but
should also cover all letter carrier routes and locations
