2 total
Judicial review dismissed; Board's blanket monetary remedy for breach of collective agreement seniority rights was reasonable.
The applicant sought judicial review of two awards by the Crown Employees Grievance Settlement Board regarding the divestment of young offender facilities.
The Board found the applicant breached the collective agreement by failing to require new operators to recognize employees' seniority, and awarded a blanket monetary remedy to all affected employees based on years of service.
The Divisional Court dismissed the application, holding that the standard of review was reasonableness and that the Board's collective remedy was appropriate and reasonable in the labour relations context, despite the applicant's argument that individual losses should have been assessed.
Abuse of process doctrine bars relitigating criminal convictions in subsequent labour arbitration proceedings.
Two government employees were dismissed after being convicted of sexually assaulting people under their care.
The appellant union grieved their dismissals, and the grievance settlement board ruled that the criminal convictions were only prima facie evidence of guilt, allowing the union to lead rebuttal evidence.
The Supreme Court of Canada held that the doctrine of abuse of process bars the relitigation of the employees' guilt for the offences for which they were convicted.
The appeal was dismissed.
