8 total
Judicial review of OLRB decision dismissing duty of fair representation complaint for delay dismissed.
The applicant sought judicial review of an Ontario Labour Relations Board (OLRB) decision dismissing her duty of fair representation complaint against her union due to unreasonable delay.
The applicant had delayed filing her complaint for 11.5 months after learning the union would not pursue her grievance to arbitration.
The Divisional Court found the OLRB's decision to dismiss the complaint summarily was reasonable, as the delay was excessive, inadequately explained, and prejudicial to the union.
The application for judicial review was dismissed.
Grievances dismissed due to grievor's repeated failure to comply with production orders and attend hearings.
The union sought an adjournment sine die and an indefinite extension for the provision of documents and particulars regarding two grievances (failure to accommodate and termination for excessive absenteeism).
The employer brought a motion to dismiss the grievances due to the grievor's repeated failure to comply with Board orders to produce medical documents and her failure to attend hearings.
The arbitrator found that the grievor's medical notes were inadequate to justify the delays and that the employer was suffering significant prejudice due to the passage of time.
The arbitrator denied the union's request for an adjournment sine die and granted the employer's motion to dismiss the grievances.
Adjournment granted due to grievor's medical inability to attend; new production deadlines ordered.
The Union requested an adjournment of the scheduled hearing date because the grievor provided a medical note indicating she was unable to attend for health reasons.
The Employer did not oppose the adjournment but sought an order regarding the deadline for production and particulars set in a previous decision.
The Arbitrator granted the adjournment and ordered the Union to provide all relevant production and particulars by a specified date, warning that failure to comply could preclude reliance on those documents.
Arbitrator rules on preliminary motion to strike particulars and limits scope of document production.
The Employer brought a preliminary motion to strike certain paragraphs of the Union's particulars and requested production of the grievor's work and medical records from 2007 to the date of termination.
The Union objected to the breadth of the production requests.
The Arbitrator struck several paragraphs of the particulars, reserved decision on others pending further production, and limited the scope of the document production to records from 2013 and 2014 onwards.
The rulings were issued without reasons to expedite the proceedings.
Grievance regarding 2014 sick leave benefits dismissed as untimely due to unjustified three-year delay.
The Employer brought a preliminary motion arguing that a grievance filed on June 26, 2017, regarding Short Term Sickness Plan entitlements from 2014, was untimely.
The Union argued the delay was due to the grievor's lack of knowledge of the grievance procedure, her medical leave, and fear of retribution from alleged harassment.
The Arbitrator applied the factors for extending time limits under section 48(16) of the Labour Relations Act and found the 2.5 to 3-year delay was extreme and unjustified.
The Arbitrator concluded the Employer would be substantially prejudiced by the delay and dismissed the grievance as untimely.
Grievance regarding failure to inform of pension options dismissed as inarbitrable.
The union filed a grievance alleging the employer failed to inform a disabled employee of early retirement options that would have allowed her to receive full pension benefits at no extra cost.
The employer brought a motion arguing the grievance was inarbitrable because the pension plan was not part of the collective agreement.
The arbitrator upheld the employer's motion, finding that the collective agreement contained no reference to pensions and the employer had no duty to communicate regarding matters outside the agreement.
The grievance was dismissed.
Fixed-term employees on paid suspension are entitled to regular pay without deductions for statutory holidays.
The grievors, fixed-term employees on paid administrative suspension, had eight hours of pay deducted for each statutory holiday that fell during their suspension.
The union grieved the deductions.
The arbitrator allowed the grievances, finding that the letter of understanding between the parties created a complete regime for calculating pay during suspensions based on averaging previous hours worked, and did not provide for any reduction in pay for weeks containing statutory holidays.
Interlocutory injunction granted to third party to restrain picketing, limited to existing picketing protocol terms.
The plaintiff, a cargo handler at Pearson International Airport, sought an interlocutory injunction to restrain picketing by the defendant union, which was engaged in a legal strike against a neighbouring employer.
The plaintiff was not a party to the labour dispute but its operations were disrupted.
The court found that the plaintiff met the test for an interlocutory injunction, relying on issue estoppel from a previous injunction granted to the airport authority.
However, the court declined to grant the broader injunction sought by the plaintiff, instead limiting the order to the terms of the existing picketing protocol established in the previous order.
