"Workplace" Under Part II Of The Canada Labour Code Includes Work Activities Performed In Workplaces Not Controlled By The Employer

In our bulletin of March 31, 2016, we discussed a Federal Court judgment issued in February 2016, in which the Court endorsed an Appeals Officer's decision who limited the definition of "workplace" for the purposes of inspection under Part II of the Canada Labour Code (the "Code") to workplaces where the employer exercises control: Canadian Union of Postal Workers v. Canada Post Corporation, 2016 FC 252.

In a judgment issued on July 13, 2017, the Federal Court of Appeal reversed the Appeals Officer's decision: Canadian Union of Postal Workers v. Canada Post Corporation, 2017 FCA 153.

The facts are as follows. A complaint was filed by an employee member of a local joint health and safety committee, represented by the Canadian Union of Postal Workers, alleging that Canada Post should not only be inspecting its physical building in Burlington, Ontario, but also the letter carrier routes.