Rhonda Shirreff

The applicant alleged that her former employer provided a discriminatory negative reference to a prospective employer, Dynacare, preventing her from securing a new position.

Following an interim order compelling Dynacare to produce records of the reference check, the evidence showed that the former employer provided a neutral reference confirming only employment and position, in accordance with company policy.

The Tribunal dismissed the application at a summary hearing, finding no reasonable prospect that the applicant could prove the reference was negative or discriminatory.

The applicant union sought judicial review of an arbitrator's award dismissing a grievance regarding holiday and overtime pay for work performed on Remembrance Day.

The arbitrator had concluded that there was an apparent contradiction between two articles of the collective agreement and interpreted them such that one applied to scheduled work and the other to unscheduled work.

The Divisional Court found the arbitrator's conclusion to be reasonable based on the record and dismissed the application, fixing costs at $5,000.

The Union applied for interim relief in the form of a cease and desist order against the Employer, alleging that the Employer threatened and transferred the grievor in reprisal for raising a scheduling grievance.

The Union argued that the Employer's actions had a chilling effect on other bargaining unit members.

The Grievance Settlement Board denied the application, finding that the Union failed to establish that the balance of harm favoured granting the relief.

The Board noted that the requested order would essentially restate existing legislative prohibitions against reprisals, for which significant remedies already exist, and that granting the order would inappropriately predetermine a central issue in the case.