Toronto East General Hospital v. Ontario Nurses' Association

2018 ONCA 175 (CanLII)Court of Appeal for OntarioDecided Labour relations

Summary

This is a judicial review appeal concerning a labour arbitrator's decision on whether a hospital's reduction in hours for regular part-time nurses constituted a lay-off under the collective agreement. The Court of Appeal held that the Divisional Court improperly substituted its own interpretation for the arbitrator's, restoring the arbitrator's decision which found a violation of seniority provisions.

Outcome

appeal allowed

Key Factors

  • collective agreement interpretation
  • lay-off definition
  • seniority rights
  • standard of review
  • labour arbitration

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