Leading commentary and perspectives on employment and labor law
In the recent decision of Viterra v Grain Services Union, 2013 SKCA 93 the Saskatchewan Court of Appeal reaffirmed the power of arbitrators to hold parties to past practice in applying a collective agreement through the doctrine of estoppel.
This case considered the employer’s long-standing practice of paying of paying certain groups of employees…
In February, the Supreme Court released reasons in Bernard v. Canada (Attorney General), 2014 SCC 13, a case involving a CRA employee who objected to providing her home contact information to the union that was required to represent her despite her non-member status.
The union had sought the contact information to fulfill its responsibilities and…
The Ontario Divisional Court recently quashed an application for judicial review brought by an individual employee seeking to overturn an arbitrator’s decision denying his discharge grievance. The Court ruled in Ali v United Food and Commercial Workers Canada that an individual employee lacks standing to apply for the review of an arbitration award. Subject to…
