J.D. Carrier

The employer moved to dismiss a grievance alleging that the grievor's transfer was discriminatory based on marital status, arguing the transfer was implemented pursuant to a prior grievance settlement involving the grievor's spouse.

The arbitrator dismissed the preliminary objection, holding that parties cannot contract out of the Human Rights Code and that a settlement agreement does not bar an inquiry into whether its terms violate an employee's statutory human rights.

In a grievance arbitration concerning the discharge of an employee for alleged improper use of an 'air miles' program, the union brought a motion to exclude videotape evidence captured by workplace security cameras.

The union argued that using the security footage for disciplinary purposes constituted an unreasonable intrusion into the grievor's privacy.

The arbitrator dismissed the motion, finding that while employees have a marginal expectation of privacy in a public retail setting, this expectation is outweighed by the employer's legitimate interest in the safety and security of the store.

The video surveillance was deemed a reasonable intrusion, and the tapes were ruled admissible.