2 total
Judicial review of arbitration decision upholding dismissal for safety violation dismissed; arbitrator reasonably excluded pre-seniority service.
The applicant union sought judicial review of a labour arbitration decision upholding the dismissal of an employee for a severe workplace safety violation.
The union argued the arbitrator unreasonably failed to consider the employee's ten years of pre-seniority service as a mitigating factor when declining to substitute a lesser penalty under section 48(17) of the Labour Relations Act.
The Divisional Court dismissed the application, finding the arbitrator reasonably interpreted the collective agreement and disciplinary grid, which distinguished between seniority and service, and reasonably concluded the egregious nature of the safety violation outweighed the mitigating factors.
Human rights application dismissed for delay; waiting for union grievance process does not constitute good faith.
The applicant filed a human rights application alleging discrimination on the basis of disability by her former employer and her union.
The Tribunal issued a Notice of Intent to Dismiss on the basis of delay, as the application was filed more than one year after the last alleged incident of discrimination.
The applicant argued that the delay was incurred in good faith because she was waiting for the union to pursue her grievances and was unaware of her rights.
The Tribunal rejected these arguments, finding that waiting for another proceeding to conclude and ignorance of rights without making inquiries do not constitute good faith reasons for delay.
The application was dismissed as untimely.
