European Court of Human Rights
I came across this site: European Court of Human Rights Take a look. They deal with some very interesting issues that our system would never see.
Arbitrators: Concurrent or Exclusive Jurisdiction on Human Rights Complaints
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 front of the human rights body, the arbitrator having been altogether bypassed. For strategic reasons, […]
Holiday Pay
The issue of holiday pay entitlement is a constant source of arbitral dispute. Entitlement cases usually fall into two categories: cases that concern qualification criteria and cases centered on the employment relationship post qualification. The qualification cases generally examine whether the employee met the statutory and collective agreement requirements leading to holiday pay entitlement. The […]
Accommodating Employees and Seniority
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 Union of Postal Workers (Kalinowski Grievance), [2005] C.L.A.D. No. 289, a letter carrier had a […]
Arbitral Standards of Review
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 as opposed to a patently unreasonable threshold. This position outlined in Voice and Lethbridge has […]