3 total
Application for judicial review dismissed; Grievance Procedure Arbitrator's order to disclose investigation report was reasonable.
The Canadian Broadcasting Corporation (CBC) applied for judicial review of a Grievance Procedure Arbitrator's (GPA) decision ordering the disclosure of a redacted workplace harassment investigation report to the union's Local Grievance Committee.
The CBC argued the GPA's decision was not reviewable, that the GPA lacked jurisdiction, and that the CBC was denied procedural fairness.
The Divisional Court held that the GPA's decision was reviewable because the GPA exercised a statutory power of decision under the Canada Labour Code.
The Court found the disclosure order was reasonable and within the GPA's broad jurisdiction to resolve disputes over the exchange of relevant information.
The Court also dismissed the procedural fairness arguments, finding the CBC had ample opportunity to make submissions.
The application for judicial review was dismissed.
Successor employers taking over airport food services are liable for termination pay under the Employment Standards Act.
The applicant union brought an application under the Employment Standards Act claiming that the responding parties, who took over portions of the food services contract at Pearson International Airport from the predecessor employer, were successor employers liable for termination pay.
The responding parties argued that the building owner (GTAA) was a federal undertaking, rendering the provincial successor employer provisions inapplicable, and raised several other statutory defenses.
The Board held that the provincial law applied as it did not impair the federal undertaking, found that the responding parties were successor employers providing services to the building owner, and concluded that the employees were entitled to termination pay from the successors despite having received notice from the predecessor.
Board issued procedural directions for bifurcated hearing on termination pay entitlement and constitutional jurisdiction.
The applicant union appealed an Employment Standards Officer's decision denying termination pay to its former members.
The Board held a hearing and decided to bifurcate the proceedings.
The first phase will address the group's entitlement to termination pay and a constitutional question raised by Cara Operations Limited regarding federal undertaking jurisdiction.
The Board issued procedural directions and timelines for pleadings, evidence, and submissions.
