3 total
Application for judicial review dismissed; arbitrator reasonably concluded competitive disadvantage must be proven before final offer selection.
The applicant employer association sought judicial review of an arbitrator's decision dismissing its application for final offer selection to amend a collective agreement.
The applicant argued the arbitrator lacked jurisdiction to dismiss the application and was required to choose one of the two final offers.
The Divisional Court dismissed the application, finding that under the pragmatic and functional approach, the arbitrator's interpretation of the collective agreement was subject to a patently unreasonable standard of review.
The court held it was not patently unreasonable for the arbitrator to conclude that the existence of a competitive disadvantage had to be verified before an offer could be selected, and that the arbitrator's factual findings were supported by evidence.
Appeal allowed; objective test applied to find constructive dismissal with no duty to remain at workplace.
The appellant appealed a trial judgment dismissing his claim for constructive dismissal.
The Court of Appeal allowed the appeal, finding the trial judge erred by not applying an objective test.
An objective review of the facts, including a substantial reduction in managerial responsibility and removal from his office, established constructive dismissal.
The Court also held the appellant had no duty to remain at the workplace while seeking other employment.
Damages were awarded in the amount of $171,269.25.
Board requests written submissions on whether all employee categories in collective agreement require Trades Qualification Act documentation.
In an application for certification, the Ontario Labour Relations Board held a hearing to determine the appropriate bargaining unit, specifically regarding the impact of the Trades Qualification Act.
After reviewing the provincial collective agreement filed by the parties, the Board requested written representations clarifying whether all employee categories listed under the union recognition clause are required to hold Trades Qualification Act documentation.
