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Labour Arbitrations

"Back to Basics in Employment Law: Restatement & Harmonization of Damages in the Employment Setting"

Murray Tevlin and John Chesko  have written a paper entitled, "Back to Basics in Employment Law: Restatement & Harmonization of Damages in the Employment Setting" (January 24, 2009).

The authors are lawyers at TevlinGleadle Employment Law Strategies in Vancouver, The paper was presented the paper at Insight Canada's 4th Annual Western Canada Labour Relations Conference.

The paper's Overview provides:

This paper proceeds to consider two important recent advances in the theory of damages both in common law and in unionized employment settings.

The first part of this paper discusses the significant restatement and harmonization in the law of damages for wrongful dismissal set out in the recent decision of the Supreme Court of Canada in Honda v Keays [2008] SCJ No 40.  read more »

Discharge upheld where employee with gambling addiction stole $1,600 from co-worker

Jurisdiction: - Nova Scotia

Communications, Energy and Paperworkers Union, Local 40N and Farmer's Cooperative Dairy Ltd. January 11, 2009 (Christie) (Nova Scotia)

"Jurisdiction in respect of Section 124 of the Quebec Labour Standards Act: The Court of Appeal Rules"

Jurisdiction: - Quebec

Quebec lawyer Pierre Pronovost has written a legal brief entitled, "Jurisdiction in respect of Section 124 of the [Quebec] Labour Standards Act: The Court of Appeal Rules" (June 2008).

The brief summarizes the Quebec Court of Appeal's decision in Québec (Procureur général) c. Syndicat de la fonction publique du Québec 2008 QCCA 1054, in which it ruled that a grievance arbitrator does not have jurisdiction to apply section 124 of the Quebec Act respecting labour standards and that only the Commission des relations du travail has jurisdiction in matters involving this remedy.

Nova Scotia arbitrator finds that "ordinary" family obligations do not require accommodation

Jurisdiction: - Nova Scotia
Sector: - Unions

In Canadian Staff Union v. Canadian Union of Public Employees [2006] N.S.L.A.A. No. 15 (QL), a Nova Scotia arbitrator found that "ordinary" family obligations do not require accommodation. You can read a summary of the decision by Michael Conradi, a lawyer at Miller Thomson LLP in Toronto, here.

"The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations"

Jurisdiction: - British Columbia

Alan E. Black, Q.C. and Pamela Costanzo, at Black, Gropper & Company in Vancouver, have written a paper on "The Ability, Obligation and Role of a Trade Union to Represent its Members in Employer Investigations". The paper was prepared for the Insight Information Western Canada Labour Relations conference held on January 30-31, 2007 in Vancouver.

Criminal record check for new employees found to be reasonable given nature of retail sector

Jurisdiction: - Alberta
Sector: - Retail Trade

Union of Calgary Co-Operative Employees v. Calgary Co-operative Assn. Ltd. [2006] A.G.A.A. No. 17 (QL)

Arbitrator upholds Attendance Management Program that gives management discretion when to act

Jurisdiction: - New Brunswick
Sector: - Health Care

Canadian Union of Public Employees, Local 908 v. River Valley Health (Policy Grievance) [2006] N.B.L.A.A. No. 2 (QL) (Bladon)

Arbitrator upholds dismissal of 19 year employee who made reference to "going postal" and obtaining shotgun

Jurisdiction: - Ontario
Sector: - Transportation

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission [2005] O.L.A.A. No. 743 (Springate) (December 28, 2005)