Reinstatement — Ontario Employment Law

Toronto Transit Commission v. Amalgamated Transit Union, Local 113

Judicial Review: Arbitrator Reinstates Bus Driver

This is a judicial review application concerning an arbitrator's decision to reinstate a bus driver to a non-driving position following a fatal accident. The Divisional Court reviewed whether the arbitrator's decision was unreasonable, specifically examining the arbitrator's discretion to substitute a lesser penalty for dismissal under the Labour Relations Act, 1995.

Corporation of the City of Brampton v. Canadian Union of Public Employees, Local 831

The Divisional Court reviewed an arbitrator's decision to reinstate an employee dismissed for workplace violence by substituting a lengthy suspension. The court assessed whether the arbitrator's decision was reasonable under the Vavilov framework, specifically examining the arbitrator's reliance on the grievor's testimony regarding remorse and rehabilitation rather than expert evidence.

Ontario Power Generation v. The Society of United Professionals

Judicial Review of Arbitration Award: Reinstatement Conditions

This is a judicial review of a labour arbitration award where the employer challenged the arbitrator's decision to reinstate a grievor terminated for inappropriate behaviour and dishonesty. The Divisional Court examined whether the arbitrator exceeded jurisdiction by imposing a condition limiting future arbitrators' authority and determined that a key condition was unenforceable, remitting the matter to the arbitrator to determine the appropriate penalty.

Hamilton-Wentworth District School Board v. F.

Human Rights: Reinstatement After 14-Year Absence

This is a judicial review appeal concerning a human rights tribunal's order for reinstatement of an employee after a 14-year absence due to disability. The Court of Appeal for Ontario reviewed whether the tribunal's findings on the duty to accommodate and the remedy of reinstatement were reasonable under the Ontario Human Rights Code.

Canadian Union of Postal Workers v. Canada Post Corporation

Judicial Review: Arbitrator's Reinstatement Conditions Quashed

This is a judicial review of a labour arbitration award involving the Canadian Union of Postal Workers and Canada Post Corporation. The Divisional Court quashed conditions imposed by the arbitrator on the grievor's reinstatement, including a requirement to hold no union position and retire at age 60, due to a breach of procedural fairness. The matter was remitted for reconsideration, and the applicant was awarded costs of $3,250.

C. v. Kohler Ltd.

Wrongful Dismissal: Employee Terminated Due to Mistaken Identity

A wrongful dismissal case where an employee was terminated due to mistaken identity, and the employer later offered reinstatement after the error was discovered. The court considered whether the claim for intentional infliction of mental distress warranted trial and examined the overlap with aggravated and punitive damages in the wrongful dismissal claim.

Elementary Teachers Federation of Ontario v. Toronto District School Board

This is an appeal to the Court of Appeal from a Divisional Court decision dismissing a judicial review concerning a teacher's reinstatement rights following a pregnancy leave. The Elementary Teachers' Federation of Ontario grieved against the Toronto District School Board after a teacher returning from leave was assigned to teach a different subject. The board of arbitration and the Divisional Court dismissed the grievance, finding that the employee's right was to be returned to a teaching position assigned to a subject for which she was qualified. The Court of Appeal dismissed the union's appeal, agreeing that the arbitrator's interpretation of the Employment Standards Act was reasonable given a school principal's statutory power to assign subjects. The dismissal of the grievance stands, and the employer was awarded $15,000 in costs.

S. v. London Life Insurance Co.

Wrongful Dismissal: Reinstatement Denied Due to Trust Breakdown and Regulatory Obligations

A wrongful dismissal case where plaintiffs sought reinstatement as financial security advisors and commissioned sales agents. The court held that damages are the primary remedy for wrongful termination unless special circumstances exist, and found no such circumstances in this case. The breakdown of trust and regulatory obligations under the Insurance Act precluded reinstatement.

Elementary Teachers' Federation of Ontario v. Toronto (District) School Board

Judicial Review: Teacher Pregnancy Leave Reinstatement

This is a judicial review of an arbitration board decision regarding a teacher's reinstatement to her position following pregnancy leave. The Divisional Court applied the reasonableness standard to review the arbitrator's interpretation of the collective agreement and the Employment Standards Act, specifically addressing whether the reassignment constituted a penalty or violated reinstatement rights.

Ontario (Human Rights Commission) v. N.

Human Rights Jurisdiction: N. v. Ontario (HRC)

This is an appeal concerning the jurisdiction of a Board of Inquiry to hear human rights complaints despite a prior labour arbitration decision. The Court of Appeal addressed the application of Weber v. Ontario Hydro, the quasi-constitutional status of the Human Rights Code, and the Board's discretion to proceed with complaints involving a poisoned work environment and termination.

National Ballet of Canada v. G.

Arbitration Reinstatement: Dancer's Interim Reinstatement Upheld

A wrongful dismissal case involving the interim reinstatement of a dancer ordered by an arbitrator pending final arbitration. The court upheld the arbitrator's jurisdiction under the Arbitration Act, 1991, and addressed issues of natural justice and the application of the Charter of Rights and Freedoms to private arbitration.

National Ballet of Canada v. G.

Arbitrator Jurisdiction: Interim Reinstatement in Employment Dispute

This is a judicial review application concerning the jurisdiction of an arbitrator to issue an interim award reinstating an employee's employment pending a final decision. The Divisional Court considered whether the arbitrator had jurisdiction under the Arbitration Act, 1991 and the parties' agreement, and whether a stay of the award should be granted based on the balance of convenience and potential career harm to the respondent.

H. v. Ontario

H. v. Ontario: Wrongful Dismissal of Tribunal Members

This is an appeal concerning the revocation of fixed-term appointments to quasi-judicial tribunals by Order-in-Council, raising issues of judicial independence and wrongful dismissal. The court addressed whether the executive branch had the authority to revoke these appointments and whether reinstatement or damages were appropriate remedies. Reinstatement was deemed impractical due to expired terms and filled positions, leading to a declaration of invalidity of the Orders-in-Council.

P. v. Thomas Cook Group (Canada) Ltd.

Wrongful Dismissal During Maternity Leave: Employment Standards and Breach of Contract

A wrongful dismissal case involving an employee terminated during maternity leave. The court addressed whether the Ontario Court (General Division) has jurisdiction to enforce remedies under the Employment Standards Act, including reinstatement, and whether the employee can pursue remedies under both the Employment Standards Act and breach of contract in civil court. The employee also sought a mandatory injunction for reinstatement and damages, including aggravated and punitive damages.

B. v. Brampton (City) Public Library Board

Reinstatement Ordered: Procedural Fairness in Library Board Termination

This is a judicial review decision concerning the termination of the applicant's employment as chief executive officer and secretary/treasurer of the Brampton (City) Public Library Board. The court found that the Library Board failed to provide procedural fairness and natural justice by terminating the applicant without reasons or an opportunity to respond. Consequently, the court ordered the applicant's reinstatement and awarded costs of $2,000.

M. v. United Church of Canada (C.A.)

Church Minister Wrongful Dismissal: Reinstatement Ordered

This is a judicial review application concerning the removal of a church minister from the church rolls. The Court of Appeal addressed whether civil courts have jurisdiction to review internal church decisions, the interpretation of the Church Manual governing ministerial discipline, and the appropriate remedy, specifically considering damages versus reinstatement for unlawful interference with the minister's livelihood.

J. v. Sarnia (City) Board of Police Commissioners)

Judicial Review: Police Reinstatement Case

This is a judicial review application concerning the reinstatement of a police officer, reviewed by the Divisional Court. The case addresses administrative law principles regarding certiorari and the Board of Police Commissioners' decision-making authority.

Re Great Atlantic & Pacific Co. of Canada Ltd. and United Food & Commercial Workers International Union, Locals 175 and 633 et al.

This is a judicial review of a grievance arbitration award involving an employee discharged for theft. The central issue is whether the arbitrator exceeded their jurisdiction by imposing conditions on reinstatement, including a waiver of future grievance rights, under the Labour Relations Act.

Re B. and Town of Espanola et al.

Wrongful Dismissal of Police Officer: Procedural Fairness

A wrongful dismissal case involving a police officer who challenged disciplinary charges and sought reinstatement. The court addressed whether the Public Authorities Protection Act barred disciplinary proceedings after six months and whether procedural fairness was upheld in the disciplinary hearing. The court also considered the officer's entitlement to wages and benefits during suspension, directing the applicant to pursue remedies in the appropriate forum.

Re S. and Lincoln County Board of Education

Teacher Dismissal Case: Mandamus Refused Due to Delay and Prior Judicial Findings

A merits decision involving a teacher seeking reinstatement through mandamus after being dismissed by a school board. The court refused the mandamus application due to unreasonable delay, futility of statutory remedies, and prior judicial findings that the dismissal was justified.