7 total
Judicial review of arbitration award reinstating bus driver to non-driving position dismissed as reasonable.
The applicant sought judicial review of an arbitration award that reinstated a bus driver to a non-driving position after he was terminated for a fatal accident and convicted of careless driving.
The applicant argued the arbitrator failed to apply the proper test for discharge and unreasonably found the employment relationship was not irretrievably damaged.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the relevant factors, including the grievor's record, remorse, and the nature of the misconduct, in exercising his statutory discretion to substitute a penalty.
Judicial review of arbitration award dismissed; arbitrator reasonably interpreted collective agreement and rejected estoppel claim.
The applicant union sought judicial review of an arbitration award that dismissed a policy grievance concerning the employer's amendment to its photo identification policy.
The amendment discontinued the practice of allowing non-management employees to bring an occasional visitor on transit vehicles without paying a fare.
The Divisional Court held that the arbitrator's interpretation of the collective agreement was reasonable, as the plain wording did not require consideration of past practice.
The Court also found that the arbitrator reasonably concluded the employer's past practice did not give rise to an estoppel, as there was no representation by the employer that the practice would continue.
The application for judicial review was dismissed.
Arbitrator's denial of retirement gratuity to teacher who resigned after criminal conviction upheld as reasonable.
The applicant union sought judicial review of an arbitrator's decision denying a retirement gratuity to a teacher who resigned following a criminal conviction for sexual assault.
The arbitrator found that under the collective agreement, the teacher did not retire 'for the reason of age' but rather because of his criminal conviction, and thus was not entitled to the gratuity.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement language to be intelligible, defensible, and within the range of acceptable outcomes.
Human rights application dismissed for delay; receipt of confirming documents does not restart limitation period.
The applicant filed a human rights application alleging disability discrimination and reprisal against her former employer and unions, relating to events dating back to 1998 and a 2004 arbitration.
The applicant claimed the application was timely because she received financial records in September 2012 confirming no interpreter was paid for during the 2004 arbitration.
The Tribunal dismissed the application, finding it was filed beyond the one-year limitation period under section 34 of the Human Rights Code.
The Tribunal held that the receipt of confirming documents did not constitute a new incident of discrimination, and the applicant failed to provide a reasonable explanation to establish that the delay was incurred in good faith.
Police Chief granted party status in application determining whether a position falls within the police service.
The Durham Regional Police Association and the Durham Regional Police Senior Officers' Association filed a joint application to determine whether the Dean of Police Education and Innovation is a member of the police service.
The Chief of Police brought a motion seeking party status as an 'affected person' under s. 116 of the Police Services Act, and requesting that the Durham Regional Police Association be denied party status.
The Commission granted the Chief's motion for party status, finding he has a direct interest in the matter, but denied the request to remove the Association as a party, finding it premature.
Tribunal resolves preliminary matters, denying bifurcation and premature dismissal requests while ordering disclosure compliance.
The Tribunal issued an interim decision addressing several preliminary matters in a complex human rights proceeding.
The request to amend the style of cause to reflect legal name changes was granted.
The request to bifurcate the hearing between liability and remedy was denied, as it would likely extend the cost and time of the proceeding.
The Hamilton Police Association's request to dismiss the complaints for failure to make out a prima facie case was dismissed as premature.
The Tribunal directed the parties to provide written submissions regarding the request for dismissal on the basis of timeliness and ordered immediate compliance with disclosure obligations.
Certification application held timely as Social Contract Act does not override Labour Relations Act open periods.
The applicant union applied for certification to displace the incumbent union representing police officers at the University of Toronto.
The incumbent union and the employer argued that the application was untimely because their collective agreement had been extended pursuant to the Social Contract Act.
The Board held that the Social Contract Act does not explicitly or implicitly protect incumbent bargaining agents from displacement applications during the open periods defined in the Labour Relations Act.
The Board concluded that the application was timely and directed that the ballots cast in the pre-hearing representation vote be counted.
