Re Bendix Automotive of Canada Ltd. and United Automobile, Aerospace and Agricultural Implement Workers of America (U.A.W.) Local 195
Collective Agreement Interpretation: Medical Expense Reimbursement and Statutory Provisions
Summary
A labour and employment case involving the interpretation of a collective agreement's 'no less benefits' clause and whether an employer's obligation to reimburse employees for medical expenses not covered by OHSIP constitutes a 'contract of insurance' under the Health Services Insurance Act. The court quashed an arbitrator's award for exceeding jurisdiction and misinterpreting the agreement.
Outcome
Arbitrator's award quashed for failing to reasonably align with the language of the agreement
Key Factors
- collective agreements
- interpretation of 'no less benefits' clause
- statutory interpretation
- Health Services Insurance Act
- contract of insurance
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