2 total
Judicial review of firefighter interest arbitration award dismissed; blended wage approach was procedurally fair and reasonable.
The applicant municipality sought judicial review of an interest arbitration award that determined wages for its firefighters.
The arbitration panel had adopted a blended approach, relying on both local police wages and freely bargained firefighter wages in a comparable municipality.
The applicant argued this approach breached procedural fairness as it was not advanced by either party and relied on unsubmitted jurisprudence, and that the award was unreasonable.
The Divisional Court dismissed the application, finding that the blended approach was not novel, the parties had the opportunity to make submissions on the relevant comparators, and the resulting award fell within a reasonable range of outcomes.
Human rights applications re-activated after union withdrew related grievances without a hearing on the merits.
The applicant sought to re-activate two human rights applications after her union withdrew related grievances.
The respondent school board requested the applications be dismissed under section 45.1 of the Human Rights Code, arguing the substance had been dealt with in the grievance process.
The Tribunal denied the request to dismiss, finding that because the grievances were withdrawn without a hearing on the merits, the substance was not appropriately dealt with.
The Tribunal granted the requests to re-activate and consolidate the applications, but denied the applicant's request to add the union as a respondent, as the allegations lacked particulars of a Code violation and were out of time.
