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Supreme Court of Canada To Hear “Right to Strike” Case

· 1 min read
By: Jonathan A. Maier

In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…

Case In Point

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

· 2 min read
By: Jonathan A. Maier

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…

Case In Point

Confidentiality Provisions: Important, Effective and Enforceable

· 3 min read
By: Jonathan A. Maier

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…