Canada Post Corporation v. Canadian Union of Postal Workers

2019 ONCA 476 (CanLII)Court of Appeal for OntarioDecided Labour relations

Canada Post v CUPW: Arbitrator Upheld on Termination

Summary

The Court of Appeal for Ontario reviewed an arbitrator's decision reinstating a temporary postal worker who was dismissed for failing to meet a peer average acceptance rate. The court applied the reasonableness standard of review and upheld the arbitrator's decision, finding that the employer's mechanical standard was arbitrary and inconsistent with the collective agreement's requirement for a case-by-case analysis of reasonable availability.

Outcome

appeal dismissed

Award

Arbitrator’s decision reinstating the employee upheld as reasonable

Key Factors

  • judicial review
  • arbitration award
  • collective agreement
  • reasonable availability
  • standard of review

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.