Skip to Content

Labour Arbitrations

Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence

Jurisdiction: - Ontario

In Kingston (City) v. Canadian Union of Public Employees, Local 109 (Hudson Grievance), [2011] O.L.A.A. No. 393 (Newman), the arbitrator upheld the dismissal of 28-year employee who uttered death threats at a co-worker.

Tha arbitrator also outlined how, in her view, Bil 168 changed the legal analysis in Ontario in four ways in cases involving verbal threats in the workplace, stating:  read more »

Can employees over 65 be excluded from benefits?

Can employees over 65 be excluded from benefits?

This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.

The article addresses three arbitration awards:  read more »

Focus on progressive discipline

I have been meaning for several weeks now to draw attention to the February 2011 edition of the Labour and Employment Law Perspective, the Canadian Bar Association National Labour and Employment Law Section Newsletter.

The focus of the excellant February issue was progressive discipline and it contained the following articles (with the summaries taken directly from the newsletter):

Compensation in lieu of reinstatement: A deviation from DeHavilland

By Andrew Zabrovsky

In an interesting supplementary decision following an award granting compensation in lieu of reinstatement, an Ontario arbitrator strongly repudiated several of the well accepted and long propagated concepts which have been applied to this remedy.  read more »

Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law

The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.

 read more »

"Social Media: Opportunities and Limitations in the Workplace"

"Social Media: Opportunities and Limitations in the Workplace" (December 19, 2010) is the title of a recent paper by Carman J. Overholt, Q.C. and Emily Pitcher. Mr Overholt is a lawyer at Fraser Milner Casgrain in Vancouver and Ms. Pitcher is a student at law. 

New Brunswick court quashes arbitrators' ruling that random alcohol testing policy at mill was unreasonable

Jurisdiction: - New Brunswick
Sector: - Forestry

On judicial review. the New Brunswick Queens Bench court has quashed an arbitration board's ruling concerning the reasonableness of a worklace random alcohol testing policy.

In a decision issued November 16, 2009, the majority of the arbitration board had ruled that the policy was not reasonable and thus not enforceable.

The court's decision - which was issued on September 20, 2010 - has not yet been posted to publically accessible database. 

However, Toronto lawyer Dan Michaluk has been able to get his hands on the decision and has posted it on his "All About Information" blog:

Irving Pulp  & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, 2010 NBQB 294

BC arbitrator addresses whether existing employees can be required to submit to periodic criminal record checks

Jurisdiction: - British Columbia
Sector: - Public Safety

In the May 14, 2010 labour arbitration decision in Vancouver (City) v. Vancouver Firefighters' Union, Local 18 (Police Records Checks Grievance), [2010] B.C.C.A.A.A. No. 81, a BC arbitrator addressed whether an employer could introduce a policy that would require unionized employees in certain designated positions to submit to updated criminal record checks every five years.

Jennifer Roper, at Roper Greyell in Vancouver, has written an article about this decision ("Can Employees be Required to Submit to Criminal Record Checks?") for the firm's September 2010 newsletter.  read more »