Category: Labour Relations

Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable

· 1 min read

The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…

Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality

· 5 min read

The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…

Arbitrator Upholds Dismissal of Grievor for Posting Vicious Comments about Co-Worker on Facebook

· 4 min read

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. While the Arbitrator left many specifics out of her decision in order to protect the identities of those involved, this decision serves as an…

OLRB comments on employer support and proper communications during raiding season

· 2 min read

The Ontario Labour Relations Board (“OLRB” or “Board”) recently found that an employer did not collude with the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America (“Carpenters”) to displace the rights of the Universal Workers’ Union, Labourers’ International Union of North America, Local 183 (“Labourers”). Central to the issue was…

Privacy Rights and A Union’s Duty to Represent its Membership

· 3 min read

Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…

Supreme Court of Canada to Determine Whether Charter Protects Right to Strike

· 2 min read

The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…

Confidentiality Provisions: Important, Effective and Enforceable

· 3 min read

In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…

Majority of SCC Finds Employer Exceeded its Management Rights in Implementing Random Alcohol Testing Policy

· 1 min read

Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified. In the absence of evidence of an existing workplace alcohol use problem, it concluded that a dangerous workplace was not, on its own, reason…

Is it Appropriate to Reinstate an Employee Whose Employment Was Terminated as a Result of Sexual Harassment?

· 3 min read

In Professional Institute of the Public Service of Canada v. CEP, Loc. 3011, the Ontario Divisional Court concluded it was not. The grievor, a mail room clerk with six years seniority, tried to kiss a female cleaner. When she pushed him away, he grabbed her buttocks. The female worker reported the incident and stated that…