Seniority — Ontario Employment Law

Electrical Power Systems Construction Association v. Labourers’ International

This is a judicial review of a Labour Relations Board decision regarding a union's challenge to an employer's layoff of a foreman. The court applied the reasonableness standard under the Vavilov framework to uphold the Board's interpretation of seniority provisions in the collective agreement and its denial of the employer's request for reconsideration.

Keewatin-Patricia District School Board v. Ontario Secondary School Teachers’ Federation

This is a judicial review of a labour arbitration award concerning the interpretation of a collective agreement between a school board and a teachers' union. The Divisional Court dismissed the application, finding the arbitrator's interpretation of seniority provisions and special education staffing requirements was reasonable and within the range of acceptable outcomes.

Canadian Union of Postal Workers v. Canada Post Corporation

Judicial Review: Labour Arbitration & Accommodation

This is a judicial review of a labour arbitration decision concerning the interpretation of a collective agreement and the duty to accommodate employees with permanent partial disabilities. The Divisional Court dismissed the application, finding the arbitrator's decision reasonable and consistent with the collective agreement and the Canadian Human Rights Act.

C. v. Canada (Attorney General)

C. v Canada: Seniority Integration & Charter Rights

This is an appeal to the Court of Appeal from an application judge's decision dismissing a claim that seniority by date of hire is a protected Charter right. The appellant flight attendant challenged a seniority integration process following an airline merger, but the application judge found no violation of his rights under sections 7 and 15 of the Charter. The Court of Appeal dismissed the appeal, agreeing that the devaluation of seniority was an economic harm not protected by section 7 and did not constitute discrimination under section 15. The appeal was dismissed with no order as to costs.

Toronto East General Hospital v. Ontario Nurses' Association

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.

Canadian Union of Postal Workers v. Canada Post Corporation

This is a judicial review of a labour arbitrator's award regarding the interpretation of a collective agreement between the Canadian Union of Postal Workers and Canada Post Corporation. The Divisional Court assessed whether the arbitrator's decision on seniority rights for On Call Relief Employees was reasonable under the Dunsmuir standard.

L. v. Wyeth Canada

Wrongful Dismissal: Senior Employee Awarded 10 Months Notice

A wrongful dismissal case where the plaintiff was dismissed without pay in lieu of notice after being accused of falsifying expense claims. The employer alleged just cause based on dishonesty, but the court found that the dismissal without notice was not warranted for minor misconduct, applying the Bardal factors and McKinley test to determine a 10-month notice period.

Toronto Professional Fire Fighters' Assn. v. Toronto (City)

Judicial Review: Arbitrator's Decision Quashed on Seniority

This is a judicial review of an arbitrator's decision regarding the interpretation of a composite collective agreement and Bill 136 (Public Sector Labour Relations Transition Act, 1997). The Divisional Court quashed the arbitrator's decision as patently unreasonable, finding that the arbitrator erred in determining whether management rights could override seniority provisions for filling positions during the amalgamation of municipalities.

Ontario Nurses' Association v. Orillia Soldiers Memorial Hospital

Discrimination in Collective Agreement: Seniority Accrual

This was an appeal to the Court of Appeal from a Divisional Court decision regarding a judicial review of an arbitration award. The union argued that provisions in a collective agreement that limited seniority, service accrual, and employer benefit contributions for nurses on unpaid leave due to disability violated the Human Rights Code. The Divisional Court held that none of the provisions violated the Code. The Court of Appeal allowed the appeal in part, ruling that the provisions limiting the accumulation of seniority for disabled employees did contravene the Code, as seniority was based on the status of being an employee rather than providing work, but upheld the limitations on service accrual and benefit contributions.

Stelco Inc. v. United Steelworkers of America, Local 1005

Stelco v. Steelworkers: Arbitration Judicial Review

This is a judicial review of a grievance arbitration award involving a dispute between an employer and a union over the implementation of a vacation work policy. The arbitrator had upheld grievances by senior employees, finding the policy conflicted with seniority rights, but the court found the arbitrator exceeded her jurisdiction by implying terms into the collective agreement that were not expressly provided.

Ottawa General Hospital v. Ontario Nurses' Assn.

A judicial review application challenging an arbitration board's award in a labour dispute between Ottawa General Hospital and the Ontario Nurses' Association. The court examined whether the arbitration board exceeded its jurisdiction by awarding a nursing position to a third-ranking candidate without considering a more senior second-ranking candidate, and whether material errors of fact or procedural unfairness warranted intervention.

Re Essex County Board of Education and Ontario Secondary School Teachers' Federation District 34 et al.

Collective Agreement Dispute: Teacher on Long-Term Disability Entitled to Salary Increment

A merits decision involving a dispute over the interpretation of a collective agreement between the Essex County Board of Education and the Ontario Secondary School Teachers' Federation. The arbitration board ruled that a teacher on sick leave and receiving long-term disability benefits was entitled to a full year's salary increment and seniority, despite the employer's argument that the collective agreement limited such entitlements. The board's interpretation was upheld as rational and not patently unreasonable.

Re United Glass & Ceramic Workers of North America et al. and Libbey-St. Clair Inc. et al.

Judicial Review: Seniority & Probationary Status Arbitration

A judicial review of arbitration board decisions involving the United Glass & Ceramic Workers of North America and Libbey-St. Clair Inc. The court addressed whether an employee who completed their probationary period reverted to probationary status upon loss of seniority, and whether an employer's denial of leave for an employee serving a jail sentence was subject to reasonableness review. The court found the arbitration board's interpretation partially unreasonable and remitted the grievance.

Re Liquid Carbonic Canada Ltd. and United Steelworkers of America Local 12998

This is a judicial review proceeding concerning an arbitration award under a collective agreement between an employer and a union. The central issue is whether the arbitration board exceeded its jurisdiction by misinterpreting the collective agreement's provisions regarding job postings, seniority, and the requirement for ability to perform the job.

Re J.A. Wotherspoon & Son Ltd. and International Union, United Automotible, Aerospace, and Agricultural Implement Workers of America, Local 1256

Labour Law: Arbitrator Seniority Interpretation Review

This is a judicial review proceeding concerning an arbitrator's interpretation of seniority and lay-off provisions in a collective agreement. The court examined whether the arbitrator erred in law by misinterpreting specific clauses and whether the failure to notify affected employees invalidated the award. The court found that while the arbitrator did not exceed jurisdiction, errors in law occurred in some instances, leading to the quashing of certain awards.