Hicks Morley’s John Field and Lauri Reesor were quoted in the May 27, 2013 edition of Canadian Labour Reporter in an article entitled, “Navistar workers lose bid for class-action lawsuit.” The article discusses the Ontario Superior Court’s recent dismissal of a proposed class action brought by unionized employees who alleged that they were constructively or…
Tag: Plant Closure
Proposed Class Action Dismissed: OLRB has Exclusive Jurisdiction
On May 9, 2013, the Ontario Superior Court dismissed a proposed class action brought by unionized employees who alleged that they were constructively or wrongfully dismissed following a plant closure by their employer, Navistar. Collective agreements had expired two years prior to the plant closure. The Court held that the continuation of the collective bargaining…
Altering Vested Retiree Benefits Found to be Unlawful by Arbitrator
A recent arbitration decision serves as an important reminder that if an employer wishes to negotiate changes to retiree benefit entitlements in a unionized workplace for employees who have already retired, it can only do so where the applicable collective agreement contains clear and unambiguous language allowing for such changes. In this case, the employer…