[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).
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.
I believe it is useful also to consider the approach taken by
labour arbitrators in dealing with off — duty conduct.
Not exact matches
So,
in the current
labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout dea
labour dispute between Canada Post and CUPW, it is Canada Post that has issued a lockout notice, that will likely come into effect on Monday at 12:01 a.m.. Both Canada Post and
Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (in which an outside arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout dea
Labour Minister MaryAnn Mihychuck are hoping that CUPW agrees to binding arbitration (
in which an outside
arbitrator would review the dispute and arrive at decision that both parties would be bound to accept) before the proposed lockout deadline.
The successful candidate will work primarily
in the areas of
labour and employment law, litigating on behalf of unions and employees before
arbitrators, workplace tribunals, and courts.
Chris has represented clients before all levels of court
in British Columbia,
labour arbitrators, the Employment Standards Branch, the Human Rights Tribunal and the Workers» Compensation Appeal Tribunal.
Terra acts as counsel
in proceedings before the courts,
arbitrators,
labour boards, and human rights tribunals.
Simone has argued cases at all levels of the courts
in Ontario including the Ontario Superior Court of Justice, the Ontario
Labour Relations Board, the Human Rights Tribunal of Ontario, the Workplace Safety and Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, and various matters in front of labour arbitr
Labour Relations Board, the Human Rights Tribunal of Ontario, the Workplace Safety and Insurance Board, the Workplace Safety and Insurance Appeals Tribunal, and various matters
in front of
labour arbitr
labour arbitrators.
The Supreme Court of Canada has been feverishly productive
in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and
labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.
In the coming days, the Minister of
Labour will appoint an
arbitrator to settle disputes and impose a collective agreement.
It affirms that
arbitrators should be given significant deference
in how they deal with common law and equitable doctrines as long as the
arbitrator is reasonably responding to the
labour relations issue before them.»
In a 2009 decision of the Ontario
Labour Relations Board, cited with approval by
Arbitrator Knopf, the Board held that:
Human rights - related complaints often result
in litigation before the Human Rights Tribunal (HRTO), the courts and
labour arbitrators.
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.
In other words, what is relevant to
labour arbitrators may not be relevant to ministers, municipalities, or telecommunications regulators.
A
labour arbitrator said that it was, but the Court (unanimous on this point) easily rejected that view, again without addressing either the question of the standard of review or the administrative decision - maker's reasoning (though the majority did discuss it at length on the other issue
in the case, which concerned the interpretation of a collective agreement).
I have acted as mediator /
arbitrator in a handful of cases, so my experience is much more limited than many of the commercial,
labour and family mediator /
arbitrators who spoke at the conference, but I agree with much of what they said about this problem.
He is one of the founding co-editors of the
Labour Arbitration Yearbook and the Canadian Journal of
Labour and Employment Law, and he is a named
arbitrator in numerous collective agreements.
The Ontario
Labour - Management Arbitrators» Association (the «Association») is a voluntary association of individuals who serve as neutral labour arbitrators and who are engaged in the impartial resolution of labour relations disputes in On
Labour - Management
Arbitrators» Association (the «Association») is a voluntary association of individuals who serve as neutral labour arbitrators and who are engaged in the impartial resolution of labour relations disputes
Arbitrators» Association (the «Association») is a voluntary association of individuals who serve as neutral
labour arbitrators and who are engaged in the impartial resolution of labour relations disputes in On
labour arbitrators and who are engaged in the impartial resolution of labour relations disputes
arbitrators and who are engaged
in the impartial resolution of
labour relations disputes in On
labour relations disputes
in Ontario.
David Phillip Jones is a Chartered
Arbitrator, and his skill as an arbitrator in both labour and commercial matters is respected across th
Arbitrator, and his skill as an
arbitrator in both labour and commercial matters is respected across th
arbitrator in both
labour and commercial matters is respected across the country.
In addition to frequent appearances before
Labour Boards and
Arbitrators, Doug has argued many significant cases before the Supreme Court of Ontario, the Ontario Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.
Practicing
in all areas of
labour law, Michael acts on behalf of both public and private sector trade unions (including construction trade unions), employees and associations before
labour boards, tribunals and
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.
In doing so, the Court of Appeal held that PIPA is applicable because a
labour arbitrator is an «organization» under s. 1 of PIPA.
At the time the doctrine of judicial deference was first developed by the Court
in the late 1970s and 1980s, the courts
in the
labour relations area,
in particular, had a poor record of interfering with the sensible development of
labour relations policy by
labour relations boards and
arbitrators under collective bargaining statutes.
Law Society of Upper Canada: Called to the Bar
in 1992 Ontario
Labour Management
Arbitrators Association, Member ADR Institute of Ontario, Member Canadian Bar Association ADR Section, Executive Committee Member (2014 - 2015) Ontario Bar Association, Member of Council (2010 - 2014) Ontario Bar Association Foundation, Member, Board of Directors (2014 - 2017) Society of Ontario Adjudicators and Regulators (SOAR), Board of Directors (2016 - 2017) and Advocacy and Innovation Committee (2015 - present) ADR Institute of Ontario, Professional Development Committee (2015 - 2017) Canadian Bar Association, Judicial Issues subcommittee (2017 - present)
In Re York Region District School Board and ETFO (Ross)(2014), 121 CLAS 305,
Arbitrator Slotnick considered the interaction between criminal and
labour arbitration proceedings.
The Court concluded that
labour arbitrators are bound by the requirements of the Personal Information Protection Act («PIPA»), but that they are not required to obtain consent from grievors or witnesses to disclose personal information about those individuals
in arbitral awards.
The following represents a few notable decisions made by the Ontario
Labour Relations Board, the Human Rights Tribunal of Ontario and
arbitrators in 2013 that are relevant to school boards
in Ontario.
She represents employers
in proceedings before the courts,
labour arbitrators,
labour relations boards and human rights tribunals.
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».
However
in recent years he has served extensively as a
labour arbitrator and as an
arbitrator and mediator
in commercial and other types of disputes.
He has been very active as an
arbitrator and mediator since 1978, and has been involved
in the successful settlement of major
labour disputes, including Air Canada and Nav Canada.
«
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.
The attainment of a position on the «list of
arbitrators» from the Ministry of
Labour is no guarantee of success
in the marketplace.
Labour Law: Supplemental Employment Benefits Re Maternity / Parental Leave British Columbia Teachers» Federation v. British Columbia Public School Employers» Association, 2014 SCC 70 (35623) Nov. 14, 2014 Karakatsanis J. — «The Court of Appeal erred
in failing to give deference to the
Arbitrator's interpretation of the collective agreement and
in failing to recognize the different purposes of pregnancy benefits and parental benefits.
Labour arbitrators are also not necessarily bound by rules of evidence common law, and have more discretion regarding violations of employee's privacy interests
in collecting information.
To be included
in Lancaster's Directory of
Arbitrators an individual must demonstrate active involvement
in labour arbitration
in Canada as a consensually appointed neutral single
arbitrator or chair of boards of arbitration.
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.
In addition to appearing before the courts, we also represent our clients at hearings before
arbitrators,
labour boards, human rights tribunals, student appeals bodies and other internal committees.
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.»).
When arbitration was used mainly by sophisticated commercial entities (or
in the
labour field by unions and large companies) parties could choose qualified
arbitrators based on personal knowledge and experience.
«We still pay attention to rules of law and rules of evidence and you've got to know those,» says Catherine Zuck, a
labour arbitrator and mediator
in Saskatoon.
Quicklaw case law now includes all deci - sions of courts and
labour arbitrators reported
in print since 1970 and all decisions reported
in print that were decided before 1970 that have been cited
in a Canadian court after 1970.
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.
In addition, courts, labour boards, arbitrators and human rights tribunals across Canada have referred to the CLELJ in their decision
In addition, courts,
labour boards,
arbitrators and human rights tribunals across Canada have referred to the CLELJ
in their decision
in their decisions.
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.
Experts
in impairment recognition and addictions will join experienced
labour lawyers and
arbitrators to teach participants the skills and knowledge necessary to: