Local 503, 2011 ONSC 2229
DIVISIONAL COURT FILE NO.: 10-DV-1592
DATE: 20110407
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HACKLAND R.S.J., FERRIER and BRYANT JJ.
BETWEEN:
CITY OF OTTAWA
Charles V. Hofley and Siobhan O’Brien, for the Applicant
Applicant
- and -
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 503
Respondent
John McLuckie, for the Respondent
HEARD: April 7, 2011 (Ottawa)
BY THE COURT
ENDORSEMENT
[1] We are unanimously of the opinion that arbitrator Kaplan reasonably applied the well established arbitral jurisprudence to this employee’s administrative leave without pay, imposed by the employer. This jurisprudence requires that in a situation where the employee is precluded from performing his or her normal duties due to pending criminal charges or for other reasons, the employer must attempt to identify an appropriate temporary position for the employee, consistent with the employer’s reasonable interests, see: Brockville (City) and CUPE Local 115 (2006), 152 L.A.C. (4th) 43 (Brandt); School District No. 91 (Nechako Lakes) and CUPE, Loc. 4177 (2004), 134 L.A.C. (4th) 100 (Ready); Re Oshawa Public Library Board and CUPE, Local 960 (1986), 25 L.A.C. (3d) 350 (Brown); and Ontario Jockey Club and Mutuel Employees’ Association, Service Employees’ International Union, Local 528 (1977), 17 L.A.C. (2d) 176 (R.L. Kennedy, M. Tate, F.G. Hamilton).
[2] We are not persuaded by the applicant’s argument that this principle is inapplicable due to the fact that the employer’s actions were in response to the bail restrictions imposed following the employee’s arrest.
[3] Accordingly, this application for judicial review is dismissed.
[4] Costs are fixed in the sum of $6,000 all in, payable by the applicant to the respondent forthwith.
Hackland R.S.J.
Ferrier J.
Bryant J.
Released: April 7, 2011
Local 503, 2011 ONSC 2229
DIVISIONAL COURT FILE NO.: 10-DV-1592
DATE: 20110407
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
HACKLAND R.S.J., FERRIER and
BRYANT JJ.
BETWEEN:
CITY OF OTTAWA
And
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 503
ENDORSEMENT
By the Court
Released: April 7, 2011