Arbitrators have wide leeway in applying legal doctrines, Supreme Court declares
Posted December 5, 2011
On Friday, December 2, the Supreme Court granted an appeal from the Manitoba Court of Appeal, determining that an arbitral award applying common law or equitable remedies deserves deference, and should be reviewed on a standard of reasonableness rather than correctness. Holding that labour arbitrators are not legally bound to apply equitable and common law principles, including estoppel, in the same manner as courts of law, and that they have a broad mandate to craft appropriate remedial doctrines when the need arises, the Supreme Court held that the arbitrator acted reasonably in deciding that a union was estopped, i.e. precluded, from enforcing the strict terms of a collective agreement, based on its long-standing failure to object to the employer's practice. (more)
Three whistleblower scientists fired by federal government for failure to complete work assignments – discharge of two upheld by adjudicator, one reinstated
Posted November 2, 2011
In July 2004, the federal government fired three scientists (Drs. Chopra, Haydon and Lambert) for alleged insubordination in failing to complete work assignments, shortly after suspending them for, among other things, publicly accusing Health Canada of succumbing to industry pressure by approving drugs of questionable safety. All three filed grievances against both the suspensions and the discharges. Seven years later, on August 4, 2011, after 150 days of hearing, Adjudicator Ian Mackenzie of the Public Service Labour Relations Board upheld the suspensions of the three grievors, and dismissed the termination grievances of Dr. Chopra and Dr. Haydon. In his view, they had deliberately underperformed, and this conduct, combined with their previous suspensions, which he also upheld, showed a lack of respect for the employer which made the employment relationship "unsalvageable." However, the grievance against the termination of Dr. Lambert was allowed and reinstatement was ordered because, in his case, the alleged failure to complete assigned work had not been established. On September 2, 2011 an application was filed for judicial review. (more)
Federal government rollback of RCMP wage increases breached Charter right of Mounties to freedom of association, judge rules
Posted September 15, 2011
A Federal Court of Canada judge has ruled that the federal government breached the freedom of association of employees under s.2(d) of the Canadian Charter of Rights and Freedoms when it unilaterally rolled back RCMP wage increases without engaging in a long-established consultation process involving a Pay Council which included representatives of RCMP officers. Following the Supreme Court of Canada's decision in B.C. Health Services, as explained in its more recent ruling in Fraser, the judge held that the government's unilateral action violated the right of employees under the Charter to make collective representations to their employer and to have those representations considered in good faith. On July 21, 2011, the federal government appealed the ruling in this case to the Federal Court of Appeal. An opposite conclusion was reached by a B.C. judge in Federal Government Dockyard Trades and Labour Council v. Canada (Attorney General), [2011] B.C.J. No. 1697 (QL). The Council which represents the dockyard workers is also appealing the ruling in that case. (more) |
Collective Bargaining
- Court orders halt to government-imposed Canada Post arbitration
- Arbitrator declines to award Air Canada flight attendants better deal than in rejected settlement
College and University Employment Law
- Unjustly dismissed employee awarded compensation based on loss of future income
- Arbitrator orders university to reimburse professor for relocation expenses
Disability and Accommodation
- Failure to return visually-impaired employee to work discriminatory, appellate court rules
- "Inactive" employees not entitled to holiday pay, court holds
Human Rights and Workplace Privacy
- Alberta law excluding thousands of public service employees from collective bargaining regime does not breach Charter, board rules
- Violation of procedural aspect of duty to accommodate does not result in liability if undue hardship established, judge holds
- B.C. Human Rights Tribunal must give reasons, court rules
- B.C. Human Rights Tribunal awards lawyer more than $100,000
Labour Board Law
- Labour Board denied procedural fairness in failing to hear parties before refusing remedy, court rules
- Labour Board erred in giving one union province-wide representation rights without hearing from another affected union, court holds
Pension and Benefit Law
- Judge upholds Superintendent's refusal to order payment of members' legal costs, or disclosure of new members' personal information
Police Employment Law
- Officer's conduct ruled fraudulent for claiming disability benefits while attending college
- Officer's dismissal based on frustration doctrine should be dealt with under provincial Police Act, appellate court rules
Women/Pay Equity Employment Law
- City must produce pay equity reports despite confidentiality concerns
- Rights Tribunal refuses to reconsider decision declining to hold individual respondents jointly and severally liable
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Witches curse changes in Romanian labour law
