Regina v. Weiler et al., Ex parte Hoar Transport Co. Ltd.
Arbitration Jurisdiction: Union Nominee Delay and Labour Relations Act
Summary
A labour and employment case involving arbitration under a collective agreement, focusing on whether the failure of a union nominee to recommend a chairman within prescribed time limits deprived the arbitration board of jurisdiction. The court held that the time limits were directory, allowing arbitration to proceed despite the delay, and that the Labour Relations Act, s. 86, does not require quashing proceedings if no substantial wrong or miscarriage of justice has occurred.
Outcome
The arbitration board retained jurisdiction, and the proceedings were not quashed due to the delay in appointing a chairman.
Key Factors
- arbitration
- collective agreement
- jurisdiction
- time limits
- labour relations act
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