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Arbitrators can award damages in lieu of reinstatement

Jurisdiction: - Alberta - British Columbia
Sector: - Education

Published in CBA National Labour and Employment Law Section Newsletter (September 2004)

In a recent decision -- Alberta Union of Provincial Employees v. Lethbridge Community College 2004 SCC 28 -- the Supreme Court of Canada considered whether an arbitrator can award damages in lieu of reinstatement if he or she finds that an employee had been dismissed without just cause. In the result, the court affirmed that while the general rule is that an employee should be reinstated in such cases, in exceptional circumstances, arbitrators can depart from this rule when they find that "the employment relationship is no longer viable."

In this case, an employee was dismissed for failing to meet deadlines and not completing her work. Although the arbitration board determined that the employee was indeed incompetent, it also found that the College failed to comply with the requirements for dismissing her on grounds of non-culpable deficiency.  read more »

Employer ordered to produce third party investigation report in wrongful dismissal action

Jurisdiction: - Alberta

Springsteel v. Brick Warehouse Corporation, 2003 ABQB 941

"Ready or Not: Workplace Privacy is Here"

I co-authored an article  - "Ready or Not: Workplace Privacy is Here" - that was recently published in Management Rights Journal (Vol. VI, No. 2 2003, pg. 331). The Journal is one of several legal publications issued by Federated Press.

The article covers the following workplace privacy issues in British Columbia and Alberta:  read more »