Med - arb has been a part of the dispute - resolution toolkit
for labour arbitrators for a long time.
Not exact matches
Non-managerial employees working
for a federally regulated employer, such as a bank, or airline, can pursue an unjust dismissal complaint under the Canada
Labour Code, which permits an
arbitrator to award, among other remedies, reinstatement.
Labour Law In Québec: Business Closures United Food and Commercial Workers, Local 503 v. Wal ‑ Mart Canada Corp., 2014 SCC 45 The
arbitrator's finding that «resiliation» of all employment contracts constituted a «prohibited unilateral change» is upheld and the matter referred back
for disposition.
This exclusivity is different from the exclusive jurisdiction of
labour arbitrators and should not be used as a proxy
for the jurisdiction of
labour arbitrators.
The Court of Appeal found the
arbitrator had erred in two of the four alternate grounds
for judgment and declined to comment on the applicability of the open court principle to
labour arbitrations, but ultimately reached the same conclusion and dismissed the appeal.
However, it determined that an exception under s. 18 (1)(o) of PIPA applied to the requirement to obtain consent, as collection, use and disclosure without consent is «required or authorized by law» based on s. 96 of the
Labour Relations Code, which requires
arbitrators to file a copy of their awards with the director, who in turn is required by law to make the award «available
for public inspection».
She has appeared before the Ontario Superior Court of Justice, Ontario Court of Appeal, Human Rights Tribunal of Ontario, Ontario
Labour Relations Board, Ministry of Labour, labour arbitrators and the Canada Revenue Agency with respect to EI / CPP appeals for empl
Labour Relations Board, Ministry of
Labour, labour arbitrators and the Canada Revenue Agency with respect to EI / CPP appeals for empl
Labour,
labour arbitrators and the Canada Revenue Agency with respect to EI / CPP appeals for empl
labour arbitrators and the Canada Revenue Agency with respect to EI / CPP appeals
for employers.
«In his first career, as a human rights activist, university professor and
labour arbitrator, Bora Laskin used the law to make Canada a better place
for workers, racial and ethnic minorities, and the disadvantaged.
For example,
arbitrators appointed under the Ontario
Labour Relations Act have the statutory authority to make preliminary rulings, while
arbitrators in New Brunswick do not.
Following the usual practice and custom of
labour arbitrators in Canada
for more than five decades, he ruled that there were no special circumstances justifying anonymity.
On August 12th the Court of Appeal
for British Columbia held that British Columbia
labour arbitrators are bound by British Columbia's provincial private sector privacy legislation but do not need consent to collect, use or disclose grievor and witness personal information.
[247] Some
labour arbitrators in Ontario have considered a breach of a collective agreement as a factor in assessing undue hardship: see,
for example, Chatham - Kent Children's Services v. Ontario Public Service Employees» Union, Local 148 (Bowen Grievance), [2014] O.L.A.A. No. 424 (note, however, that the
arbitrator in this case relied on Renaud, supra note 208, a case that arose under British Columbia's Human Rights Act, S.B.C. 1984, which did not enumerate specific factors
for assessing undue hardship, as the Ontario Human Rights Code does).
She sits as a grievance
arbitrator and unjust dismissal adjudicator under the Canada
Labour Code and
for a number of years she was a Panel Chair on the Insurance Councils Appeal Board.
In a recent
labour arbitration award,
Arbitrator Laura Trachuk upheld the dismissal of a three and one - half year employee
for posting vicious, humiliating and threatening comments about a co-worker on Facebook.
The statutory authority often relied on in Ontario is s. 48 (12)(f) of the
Labour Relations Act, which provides far broader authority to
arbitrators for admissibility of evidence.
The closure, which had been announced the day an
arbitrator was appointed to resolve an impasse in negotiations
for a first collective agreement with the union certified
for that establishment, led to a series of proceedings based on various sections of the
Labour Code, CQLR, c. C ‑ 27 («Code»), and the Act respecting labour standards, CQLR, c. N ‑ 1.1 («A.L.S.&ra
Labour Code, CQLR, c. C ‑ 27 («Code»), and the Act respecting
labour standards, CQLR, c. N ‑ 1.1 («A.L.S.&ra
labour standards, CQLR, c. N ‑ 1.1 («A.L.S.»).
Notable mandates: Successfully represented Nor - Man Regional Health Authority at the Supreme Court of Canada in a case dealing with the principle of estoppel by a
labour arbitrator; represented an intervenor in another case at the country's top court: Moore v. British Columbia (Education); acted
for the private - sector partner in a $ 35 - million P3 deal
for claims processing; launched an online privacy compliance forum
for privacy officers.
Farris partner Alison Narod is an administrative decision - maker, hearing cases as Disciplinary Panel Chair of Investment Industry Regulatory Organization of Canada and as a tribunal member in the Community Care and Assisted Living Appeal Board and
for a period on the list of
arbitrators under BC
Labour Relations Code.