Jozef Hadlaw-Murray

In a group grievance alleging unreasonable workload for Case Managers, both the Union and the Employer sought pre-hearing production of documents and particulars.

The Arbitrator ordered the Employer to produce data on medical leaves, performance improvement plans, and workforce analysis from 2014 and 2018-2024, finding them arguably relevant to the Union's claims.

The Union was ordered to produce redacted individual workload survey results and to provide particulars explaining its assertion that 2014 workload levels were safe compared to later years.

The Employer's request for grievors' medical records was denied as premature.

The Grievance Settlement Board issued a procedural decision adjourning a scheduled hearing and setting a new date for case management.

The Employer was directed to make best efforts to provide requested particulars and documents, and to review outstanding production requests.

The Union was ordered to provide particulars regarding the nature of the continuing breach alleged in the 2018 grievance.

The defendant employer brought a motion for summary judgment to enforce a settlement agreement and dismiss the plaintiff employee's action for wrongful dismissal and related damages.

The plaintiff was terminated without cause after relocating from Winnipeg to Ottawa at the employer's request.

Settlement negotiations ensued regarding severance, benefits, legal fees, and relocation costs, including the plaintiff's concerns about mortgage financing for a home purchase.

The court found that the parties had agreed on all essential terms of the settlement through their correspondence, despite the plaintiff's later attempts to introduce new conditions regarding the house purchase.

The court granted the motion and dismissed the action, finding the settlement was binding and covered all claims arising from the employment termination and relocation.

The arbitrator issued a production order requiring the disclosure of the grievor's medical records, long-term disability file from Desjardins Insurance, correspondence regarding a civil claim and settlement, and the group benefit file from Canada Life.

The documents were deemed arguably relevant to the proceeding and were ordered to be produced subject to confidentiality undertakings and claims of privilege.

The arbitrator issued procedural orders in a grievance arbitration concerning an alleged failure to accommodate.

The orders directed the employer to provide a medical consent form for the grievor to sign, an employment confirmation letter, and the grievor's human resources file.

The grievor was ordered to sign and distribute the medical consent form to her medical providers, failing which the grievances would be withdrawn.

The Employer (WSIB) requested an order for production of documents and particulars from the Union in a grievance arbitration.

The Arbitrator granted the request, ordering the Union to provide the requested documents, including employment records, mitigation documents, and particulars regarding the alleged collective agreement breaches and differential treatment, by April 14, 2023.

The appellant, a former employee, appealed the striking out of her statement of claim without leave to amend.

Her claim sought further compensation for alleged racial discrimination, arguing that correspondence with the CEO constituted a binding agreement, despite having signed a full and final release upon dismissal.

The Court of Appeal upheld the motion judge's decision, finding no error in the conclusion that the letters did not form an enforceable contract and that the elements of promissory estoppel were not pleaded.

The court reiterated that claims with no reasonable chance of success should be struck.