4 total
Commission asserts jurisdiction over informal police discipline dispute and directs formal hearing under the Act.
The Appellant police officer appealed to the Commission regarding a transfer and a request for restitution of 34 days' pay, which he alleged were disciplinary actions imposed without complying with Part V of the Police Services Act.
The Respondent argued the Commission lacked jurisdiction because the actions were administrative and the appeal was out of time.
The Commission found it had jurisdiction, as the actions arose inferentially from the disciplinary scheme.
The Commission dismissed the appeal as premature, struck down the Record of Informal Discipline, and directed the Commissioner to hold a hearing under section 76(9) of the Act.
Judicial review dismissed; arbitrator reasonably upheld employee's discharge for sleeping on the job under Last Chance Agreement.
The applicant union sought judicial review of an arbitrator's award upholding the discharge of an employee for sleeping on the job.
The employee was subject to a Last Chance Agreement that permitted immediate discharge for sleeping at work.
The union argued the arbitrator unreasonably disregarded medical evidence suggesting the employee suffered from sleep apnea and circadian rhythm disorder.
The Divisional Court dismissed the application, finding the arbitrator carefully considered the evidence and reasonably concluded the sleep apnea only became significant after termination.
The arbitrator's decision was not patently unreasonable.
A 5% wage increase was a simple pay increase preservable under the Social Contract Act.
The union and the employer had a collective agreement providing for a 5% wage increase on October 1, 1993.
The Social Contract Act, 1993 froze public sector compensation but allowed unions to preserve certain increases under s. 24(5), provided they were not merit, cost-of-living, or grid-based increases.
The union elected to preserve the increase.
An arbitrator ruled the increase could not be preserved.
The Divisional Court quashed the award, finding the increase was a simple pay increase that could be preserved, and ordered it paid.
The Court of Appeal upheld the Divisional Court's interpretation on a correctness standard but allowed the appeal in part to remit the matter to a new arbitrator to determine the appropriate remedy.
Replacement worker complaint dismissed; Red Cross found to have made intimidating statements regarding job loss.
The applicant unions alleged that the Red Cross and various home care agencies and service providers violated the replacement worker provisions of the Labour Relations Act when clients were reassigned to other agencies during a lawful strike by Red Cross homemakers.
The Board found that the other agencies were not acting on behalf of the Red Cross and were not employers of the striking workers, dismissing the replacement worker complaints.
However, the Board found that the Red Cross violated sections 65, 67(c), and 71 of the Act by making intimidating statements to employees, threatening job loss if they exercised their right to strike.
