What is the difference between s.7 and 10 of the Employee Benefits Act, s.14(c) of the Employment Standards Code and s. 7 and 10?
Canada (Federal), Canada
The following excerpt is from Prior v. Canadian National Railway Co., 1982 CanLII 4848 (CHRT):
I have no difficulty in reconciling the apparent inconsistent terminology used in these sections. ss. 7 and 10 encompass situations that could apply to not only those who are presently employed by an employer, but also those who have not yet acquired that status, whereas the exemption in s. 14(c) must apply to someone who is or has been an actual employee. By definition, someone who is an employee in a similar position, must be someone who has acquired status of an employee. I accept the interpretation set out in Campbell v. Air Canada, C.H.R.R. Volume 2, 602 [1981 CanLII 4289 (CHRT), 2 C.H.R.R. D/602], that the section must be read to refer to employees of various companies who have similar positions.
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