| THE
ISSUES: | Some
of the questions addressed: - Why
did the Supreme Court conclude in City of Toronto that challenging a criminal
conviction at an arbitration hearing is an abuse of process?
- Does
the Court's ruling reverse the previous practice of allowing the parties to call
evidence relating to the facts of the criminal
misconduct?
-
What are the practical implications of the Court's decision for employers, unions
and employees?
- Will
the decision force unions to proceed to arbitration before a criminal trial in
order to avoid the effect of a criminal conviction?
- Will
employers now be required to investigate and defend cases at arbitration which
were previously adjourned pending the result of
the criminal trial?
- Will
the Supreme Court decision in Maksteel alter the approach of arbitrators
to discharges based on criminal incarceration?
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