Labour Law – Page 26 – Schenk & Associates

Damages for Health Sector Strike Action

by Johannes Schenk / On October 6, 2005 / In Labour Law

A recent British Columbia Supreme Court judicial review, HEU v. BCLRB et al., 2005 BCSC 1369, examines some of the preliminary issues underlying a lawsuit by members of the public for damages suffered due to a strike by the Hospital…

Arbitrators: Concurrent or Exclusive Jurisdiction on Human Rights Complaints

by Johannes Schenk / On September 25, 2005 / In Human Rights Law, Labour Law, Municipal Law

A human rights issue arises in a unionized workplace. The parties find themselves in front of an arbitrator and at the same time papers are, or have been, filed with a corresponding human rights body. Alternatively, relief is sought in…

Accommodating Employees and Seniority

by Johannes Schenk / On September 22, 2005 / In Human Rights Law, Labour Law

Accommodation of employees can be difficult to implement without contravening collective agreement seniority provisions. Employers face difficult decisions when planning a course of action to assist an emloyee without offending the collective agreement terms. In Canada Post Corp. v. Canadian…

Arbitral Standards of Review

by Johannes Schenk / On September 18, 2005 / In Labour Law

The Supreme Court of Canada spoke recently on the standard of review to be applied to a labour arbitrator. In two Alberta cases, Voice Construction and Lethbridge Community College, the Supreme Court held that the standard of review was reasonableness…

Illegal Picketing: Picketing Employee Residences

by Johannes Schenk / On September 15, 2005 / In Labour Law

The Pepsi Cola case expanded allowable types of picketing. In a recent B.C. case, Telus v. T.W.U. et al., 2005 BCSC 1236, the Court made it clear that picketing at an employee's residence was unlawful conduct and enjoined that activity.…

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