INDEX BIAS continued labour arbitration tribunal decisions continued personal animus continued racial comments, 11.1140-11.1160 referral of matter to other arbitrator, 11.1140 preliminary views, 11.1100-11.1120 generally, 11.1100 interest arbitrations, 11.1120 previous influences, 11.940-11.980 chair feminist inclinations, 11.960 involved in separate proceedings, 11.940 previously acting as bargaining agent for employer, 11.960 test for, 11.980 tentative point of view, 11.880 test, reasonable apprehension of bias, 11.880, 11.900 two broad categories of, 11.880 labour relations board decisions individual member, bias of early case law, 7.1360-7.1480 general standard, 7.1360 reasonable apprehension test, 7.1440, 7.1480 reasonable likelihood of bias test, 7.1380 specific and clear basis, 7.1440 tripartite panels, 7.1380 views, holding of, 7.1420 raising of issue, timing of, 7.1640-7.1660 recent case law, 7.1560-7.1660 disciplinary hearings, 7.1620 law firm representation, 7.1600 objective test, 7.1580 Supreme Court of Canada jurisprudence, 7.1500-7.1540 administrative vs. elected officials, 7.1540 duty of fairness, 7.1520 reasonable apprehension test, 7.1500 institutional bias, 7.1680-7.2020 conferring among board members, 7.1740 consultation process, 7.1860-7.2020 avoidance of fact discussions, 7.1940 formal vs. informal, 7.1940 extradition procedures, 7.1680 fairness in labour relations context, 7.1700 fettering of discretion, 7.1700 I-3 December 2015
JUDICIAL REVIEW IN LABOUR LAW BIAS continued labour relations board decisions continued institutional bias continued labour boards, unique circumstances of, 7.1680 policy discussions, 7.1780-7.1880 res judicata, application of, 7.1700 securities commissions, 7.1680 statutory adjudicator decisions, 14.1020 CAUSATION, EVIDENCE OF, 10.2340-10 2360 CERTIFICATION CASES exceeding jurisdiction reasonableness of decision, 6.2560-6.2580, 6.3260-6.3060 rules of procedure, 7.960-7.1040 subject matter jurisdiction, 6.120 natural justice, offending rules of, 7.420 CERTIORARI availability of, 9.80-9.120 court s remedial power, 17.120 1940s-1950s, 4.400-4.460 privative clauses and. See PRIVATIVE CLAUSES CLASSIFICATION. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions, job postings and classifications COLLECTIVE AGREEMENT ARBITRATORS inferior tribunals, as, 3.200 origins of, 3.180 COLLECTIVE AGREEMENTS arbitration clauses, binding nature of, 2.380 existence of, 9.640-9.660, 10.1120, 14.200 expiration of, 10.300, 10.820 failure to consider, 10.4680 federal arbitrators and, 18.40 grievance arbitration clothing industry, 2.300 printing industry, 2.300 railway industry, 2.260-2.280 legal enforceability of, 2.400-2.740 provisions of contrary to statute, 10.260 I-4
INDEX COLLECTIVE AGREEMENTS continued rectification of, 10.640 remedy contemplated by, 10.1740-10.1760 status of, 10.3710-10.3820 subject matter jurisdiction. See SUBJECT MATTER JURISDICTION, labour arbitration tribunals COMMON EMPLOYER DECISIONS in the 1980s, 6.2720 in the 1990s and following, 6.4140-6.4480 CONSTITUTIONAL JURISDICTION Constitution Act, 1867, s. 96 judges, 4.1020 employers, 6.640 inferior tribunals, 3.200 labour relations boards, 8.840 privative clauses, 4.1020, 8.120, 8.180 statutory adjudicators, of, 13.60-13.120 subject matter jurisdiction, 6.160, 6.760, 10.140 CONSTRUCTION INDUSTRY award of damages to unemployed non-employees, 6.460 certification, 6.4520 judicial deference, 6.4520 reasonableness decisions in the 1980s, 6.2740-6.2780 decisions in the 1990s and following, 6.4520-6.4620 whether construction, 6.4620 wrong question asked. See WRONG QUESTION TEST, labour relations board decisions CONTINUUM OF REVIEW. See STANDARDS OF REVIEW CONTRACTING OUT. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions CORRECTNESS STANDARD application of, 4.1100, 4.1120-4.1140, 4.1660 evidence, fairness in use of, 7.760 1940s-1950s, 4.480 preliminary or collateral matters, 4.520, 4.660 privative clauses and, 12.100 reasonableness, review for, 6.2960, 10.3200, 10.3640-10.3660 I-5 December 2015
JUDICIAL REVIEW IN LABOUR LAW CORRECTNESS STANDARD continued remedy, no authority to give, 6.1320 standard of review analysis, 4.1700-4.1900 statutory adjudicators and, 14.60, 14.200-14.220, 14.300, 14.320, 14.520 subject matter jurisdiction, 6.760, 10.1520 DAMAGES. See REASONABLENESS, labour arbitration tribunal decisions DECLINING JURISDICTION labour arbitration tribunal decisions penalty, substitution of, 10.4560 post-new Brunswick Liquor, 10.4610-10.4670 deference adjournments, 10.4630 bargaining unit, exclusion from, 10.4660 collective agreement, existence of, 10.4660 disciplinary action, 10.4660 discrimination claims, 10.4660 grievance procedure, failure to follow, 10.4660 production of documents, 10.4660 severance packages, 10.4660 time limits, 10.4660 intervention adjournments, 10.4630 classification grievances, 10.4620 collective agreement, expiry of, 10.4620 court decisions, application of, 10.4620 damages, 10.4620 discharge, failure to consider penalty of, 10.4620 estoppel, failure to consider, 10.4640 evidence, admissibility of, 10.4610 external statute, 10.4610 interest arbitrations, 10.4610 management rights, 10.4630 mootness, 10.4620 overtime, 10.4620 reinstatement, 10.4610 remedy, failure to award, 10.4620 return to work, 10.4640 temporary positions, 10.4610 jurisdiction, declining of, and legal right or obligation, 10.4650 I-6
INDEX DECLINING JURISDICTION continued labour arbitration tribunal decisions continued post-new Brunswick Liquor continued jurisdiction, declining of, and continued standard of review, 10.4650 wrong question test vs. failure to exercise jurisdiction test, 10.4610 pre-new Brunswick Liquor, 10.4580-10.4600 deference collective agreement, expiry of, 10.4600 discharge, 10.4600 grievance, failure to raise argument in, 10.4600 irrelevant facts, 10.4600 jurisdictional disputes, 10.4600 statute, matters excluded by, 10.4600 time limits, failure to deliver award within, 10.4600 intervention arbitration, public attendance at, 10.4590 collective agreement determination of existence, 10.4590 failure of arbitration board to consider, 10.4580 factual misapprehension, 10.4580 functus officio, 10.4580 grievance, failure to answer question asked therein, 10.4580 job classifications, 10.4590 time limits, 10.4580 wage increases, 10.4580 refusal to hear relevant evidence, 10.4570 labour relations board decisions post-new Brunswick Liquor, 6.5420-6.3820 deference, 6.5420 admission of certain evidence, 6.5420 certification provisions of Canada Labour Code, discretion, 6.5480 conflict of interest, law firm and lawyer, 6.5500 Crown immunity, 6.5420 decertification of union, 6.5420 failure to consider complaint beyond tribunal s powers, 6.5480 formal ratification vote, amendment to a clause, 6.5420 former and current versions, 6.5420 internal union matter, ratification, 6.5420 labour relations statutes, interplay between obligation to reasonably accommodate, 6.5480 I-7 December 2015
JUDICIAL REVIEW IN LABOUR LAW DECLINING JURISDICTION continued labour relations board decisions continued post-new Brunswick Liquor continued deference continued obligations under human rights legislation, 6.5480 petition accorded no weight, 6.5420 professional status of certain employees, 6.5420 reconsideration of own decisions, 6.5420 regulations, consideration of, 6.5480 remedy, order of particular, 6.5420 room and board allowance improperly received, 6.5480 unfair labour practice complaint, delay, 6.5420 increase in prevalence of applications, 6.5420 intervention, 6.5460 anti-certification petition, inquiry into, 6.5460 application by raiding union, 6.5460 failure to consider relevant provisions of statute, 6.5460 hearing, failure to hold, 6.5460 membership requirements, examination of, 6.5460 reliance on irrelevant consideration, 6.5460 mandamus issued, 6.5460 standard of review, 6.5520 pre-anisminic, 6.5340, 6.3680-6.3700 deference, 6.5340 certification application, union s second, 6.5340 certification order, declining to amend, 6.5340 decertifying previous union, declining to, 6.5340 functus officio, 6.5340 jurisdiction dispute, refusal to consider, 6.5340 representation vote, fraud and perjury disclosed, 6.5340 frequency of applications, 6.5340 intervention, 6.5340, 6.3700 disclosure to employer of issues raised, 6.5360 employees, recently laid-off, wishes of, 6.5360 employer to, 6.5360 final offer, determination of, 6.5360 membership date determination, statutory membership in good standing, inquiry into, 6.5360 refusal to consider second union s application, 6.5360 requirement, 6.5360 pre-new Brunswick Liquor, 6.5380-6.3740 deference, 6.5400 ballot, 6.5400 I-8
DECLINING JURISDICTION continued labour relations board decisions continued pre-new Brunswick Liquor continued deference continued based on evidence, 6.5400 constitutional jurisdiction, lack of, 6.5400 employee status determination, insufficient evidence to determine, 6.5400 refusal to file board order with court, 6.5400 intervention, 6.5380 application by second union, submissions but no evidence allowed, 6.5380 status as ground for review, 6.5560 Supreme Court of Canada jurisprudence, 6.5200-6.3660 declining jurisdiction vs. refusal to hear evidence, 6.5220 deference discretionary power, 6.5280 untimely unfair labour practice complaint, 6.5320 intervention certification, statutory requirements met, 6.5300 finding of fact, no evidence for, 6.5260 interpretation of constituent statute, 6.5240 interpretation of jurisdiction, 6.5280 refusal to certify, when power is discretionary, 6.5300 refusal to hear evidence, distinguishing, 6.5220 remedy of mandamus, 6.5280 size of workforce, change in, consideration of, 6.5280 refusal to grant remedy, 6.5200 refusal to exercise discretionary power, 6.5200 DISCIPLINE, 10.1240, 10.4070 INDEX DISCRIMINATION. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions DISMISSAL, DEFINITION OF. See STATUTORY ADJUDICATOR DECISIONS, exceeding jurisdiction DUTY OF FAIR REPRESENTATION DECISIONS, 6.3880 EMPLOYEE probationary, 10.1340-10.1380, 10.3640-10.3780 status, 6.4040 I-9 December 2015
JUDICIAL REVIEW IN LABOUR LAW EMPLOYER constitutional status of, 6.640 duty of fairness, 10.3790-10.3960 non-constitutional status-of-employers issues, 6.660 ESTOPPEL. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions EVIDENCE, ABSENCE OF labour arbitration tribunal decisions affidavit evidence, admissibility, 10.2440-10.2470 causation evidence, 10.2340-10.2360 complete absence of evidence, 10.2140-10.2180 evidence absence of, 10.2380, 10.2420 additional, 10.2280 evidentiary requirement for finding of fact, 10.2260-10.2300 correctness standard, 10.2430 evidence absence of, 10.2380, 10.2420 quality of, 10.2400 perjured evidence, 10.2435 interpretation vs. findings of fact, 10.2240 no evidence vs. sufficient evidence, 10.2200 quality of evidence, 10.2380-10.2420 standard of review, reasonableness, 10.2220 sufficient evidence, 10.2320 deference circumstantial evidence, 10.2320 intervention evidence, absence of, 10.2320 summary, 10.2480 labour relations board decisions affidavits, 6.1630-6.1680 early jurisprudence, 6.1480-6.1620 absence of evidence, 6.1480 allegations vs. real evidence, 6.1480 findings in previous case, 6.1480 ignoring relevant evidence, 6.1580 insufficient constitutional facts, 6.1600 onus on applicant, 6.1600 insufficient evidence, 6.1500, 6.1560, 6.1620 majority support, determination of, 6.1560 I-10
INDEX EVIDENCE, ABSENCE OF continued labour relations board decisions continued early jurisprudence continued jurisdiction, requirement of facts to prove, 6.1600 misinterpretation of evidence, 6.1500 onus of challenging board inference, 6.1540 privative clause protection, 6.1520 requirement of some evidence to support, 6.1520 revision of evidence by courts, 6.1540 severable findings, 6.1480 recent jurisprudence, 6.1700-6.1820 deference revision of evidence by courts, 6.1770 some evidence, findings based on, 6.1760, 6.1770 intervention no evidence, findings based on, 6.1780, 6.1800 no evidence objection, 6.1740, 6.1780-6.1820 reasonable inferences, drawing of, 6.1740 some evidence requirement, 6.1700-6.1720, 6.1760 natural justice, as a right to, 6.1720 patent unreasonableness test, as a subdivision of, 6.1720 reference to evidence adduced, 6.1720 summary, 6.1820 EVIDENCE, EXTRINSIC. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions EVIDENCE, FAIRNESS IN USE OF, see also EVIDENCE, USE OF RULES OF labour arbitration tribunal decisions basic rules, 11.500-11.560 broad jurisdiction of arbitrators, 11.440 degree of proof required, 11.580 documentary evidence, 11.640 fairness concern, 11.460 hearsay evidence, 11.620 lack of rules, 11.480 refusal to hear evidence, 11.580 relevant evidence, 11.600-11.620 labour relations board decisions cross-examination, right to, 7.860-7.900 onus misplacement of, 7.920 I-11 December 2015
JUDICIAL REVIEW IN LABOUR LAW EVIDENCE, FAIRNESS IN USE OF continued labour relations board decisions continued onus continued reverse, 7.920 paucity of jurisprudence, 7.720 presentation of evidence and submissions, 7.740-7.840 correctness requirement, 7.760 discretion type of evidence, 7.840 whether to apply rules, 7.760 fairness requirement, 7.740 formalism and inflexibility, avoidance of, 7.740 reasonable approach requirement, 7.820 relevant evidence, refusal to admit, 7.800 rebuttal evidence, 7.740 refusal to admit, 7.740, 7.800 response to submissions, 7.740 source of board rules, 7.700 summary, 7.940 EVIDENCE OR CRITERIA, IGNORING RELEVANT labour arbitration tribunal decisions collective agreement duty, failing to consider, 10.4680, 10.4710 excluding relevant evidence as denial of natural justice, 10.4720 extrinsic evidence, 10.4690 ignoring relevant evidence as patent unreasonableness, 10.4730 intervention admission against interest, 10.4740 criminal proceedings, 10.4740 dismissals, 10.4740 evidence failure to admit, 10.4720 newly obtained, 10.4740 lay-offs, 10.4750 legislation, failure to consider, 10.4700 probationary employees, 10.4710 reinstatements, 10.4740 time limits, 10.4740 miscellaneous cases, 10.4740-10.4790 duty to accommodate, 10.4790 grievance, dismissal before all evidence heard, 10.4760 weighing of vs. complete disregard, 10.4760, 10.4790 I-12
INDEX EVIDENCE OR CRITERIA, IGNORING RELEVANT continued labour relations board decisions basis for review, 6.5580 board s guidelines, 6.5740 discretionary jurisdiction, where, 6.5580 disregarding vs. unworthy of credit, 6.5580 examples of matters ignored, 6.5600 natural justice, relationship to, 6.5720 patent unreasonableness standard, relationship to, 6.5720 post-new Brunswick Liquor cases, 6.5620-6.3920 consideration of evidence adduced, 6.5680 irrelevant factors/evidence, 6.5700 deference, criteria or factors considered, 6.5680 bargaining unit, determination of appropriate, 6.5680 certification, employee support, 6.5680 unfair labour practice, 6.5680 evidence to the contrary, finding despite, 6.5620 evidence on critical points, failure to mention, 6.5620 relevance, determination of, 6.5740 statement of objection from opposing employees, 6.5620 successorship, 6.5660 unanimous employee opposition, 6.5640 pre-new Brunswick Liquor cases, 6.5340 certificate revocation, wishes of employees, 6.5600 compensation, quantum of, 6.5600 constituent statute, considering sections of, 6.5600 ignoring express provision in statute, 6.5600 mitigation of damages, 6.5600 resignation from union at certification, 6.5600 EVIDENCE, SUFFICIENT, 10.2320 EVIDENCE, USE OF RULES OF, see also EVIDENCE, FAIRNESS IN USE OF labour arbitration tribunal decisions arbitration boards vs. courts, 11.520 deliberation, failure to, 11.580 documentary evidence, 11.640 evidence, failure to admit, 11.580 extrinsic evidence, admission of, 11.500 fact, findings of, 11.540, 11.560 fairness, 11.460 I-13 December 2015
EVIDENCE, USE OF RULES OF continued labour arbitration tribunal decisions continued labour relations boards vs. labour arbitrators, 11.480 labour relations legislation, 11.440 post discharge evidence, 11.600 privileged evidence, 11.520 proof, standard of, 11.580 summary, 11.620 labour relations board decisions. See EVIDENCE, FAIRNESS IN USE OF statutory adjudicator decisions, 14.1030 EXTERNAL STATUTES labour arbitration tribunals. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions labour relations boards decisions in the 1980s, 6.2800 decisions in the 1990s and following, 6.4660-6.4840 subject matter jurisdiction, absence of, 10.1500 FAIRNESS, DUTY OF, see also NATURAL JUSTICE, RULES OF bias, 7.1520 employer s duty, 10.3790-10.3960 evidence, re use of, 7.740, see also EVIDENCE, FAIRNESS IN USE OF labour relations context, 7.1700 procedural fairness requirement, 9.600, 11.340 reasonableness and fairness. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions right to be heard, 11.160 timeliness, 10.3610 FETTERING OF DISCRETION absolute rules and, 11.400 institutional bias and, 7.1700 JUDICIAL REVIEW IN LABOUR LAW FINAL RELIEF quashing entire decision for bias, 17.200 animus, personal, 17.200 favouritism, 17.200 errors of law, 17.160-17.180 collective agreement, interpretation of, 17.180 facts, findings of contrary to the evidence, 17.180 I-14
INDEX FINAL RELIEF continued quashing entire decision for continued errors of law continued generally, 17.160 labour relations statute, interpretation of, 17.180 patent unreasonableness standard, 17.180 natural justice, breach of, 17.220-17.240, 17.280, 17.340 award, arbitrator issuing interpretation of, 17.240 evidence, board s failure to hear all, 17.240 notice of hearing, failure to give, 17.220, 17.240 reply, failure to provide copy to other side, 17.240 representation vote, refusal to permit scrutineer to attend, 17.240 submissions, failure to provide opportunity to respond, 17.240 remitting to differently constituted tribunal, 17.260-17.380 bias, 17.320 evidence extrinsic evidence, failure to hear, 17.340 hearsay evidence, 17.300, 17.320 key evidence, absence of, 17.300 generally, 17.260 memorandum of understanding, failure to address, 17.380 natural justice, breach of, 17.280, 17.340 original arbitrator, remittance to, 17.340 patent unreasonableness standard, 17.360 prejudging, 17.300 procedural fairness, breach of, 17.280 proper question, failure to answer, 17.380 reasonably bear test, 17.380 standard of proof, failure to understand, 17.380 quashing in part, 17.400-17.460 scope of court s remedial power, 17.40-17.140 appeal vs. judicial review, 17.40 certiorari, 17.120 clarification, 17.100 costs orders, 17.132 discretionary nature of relief, 17.140 mandamus, 17.120 monetary damages, court s power to award, 17.130 patent unreasonableness standard, 17.40-17.60 prohibition, 17.120 reconsideration, 17.80 variety of remedies available, 17.80-17.132 summary, 17.480-17.500 I-15 December 2015
JUDICIAL REVIEW IN LABOUR LAW FORUM CONVENIENS, 15.260-15.300 HEARING, RIGHT TO. See RIGHT TO BE HEARD IMPLIED DOCTRINES absence of subject matter jurisdiction, 10.1400 INFERENCES, EVIDENTIARY, 10.2380 INTERIM RELIEF breaches of natural justice, for, 16.540-16.580 chair consult, failure to, 16.560 familiar with employer s view of matter pre-hearing, 16.560 former secretary-treasurer of employer, 16.560 union nominee, employee of local, 16.540 cross-examination, failure to allow generally, 16.540 union nominee employee of local, 16.540 local president, 16.540 other forms of, 16.600-16.640 interlocutory relief, 16.640 mandamus, 16.620 production orders, 16.620 prohibition, 16.600, 16.620 stays board level, at the, 16.440-16.520 Alberta Labour Relations Board, 16.500, 16.520 Canada Labour Relations Board, 16.460, 16.480 generally, 16.540 court, by the, 16.20-16.420 automatic stays, 16.20 balance of convenience, determination of, 16.420 British Columbia courts, 16.240 Federal courts, 16.260-16.340 interim relief, court s jurisdiction to grant, 16.40, 16.60 irreparable harm, determination of, 16.360-16.400 serious question test, 16.260-16.280 strict prima facie case test, 16.160-16.240 test for granting, three part, 16.80-16.140 summary, 16.660-16.700 I-16
INDEX INTERIM RULINGS, see also PREMATURITY reasons for review, 15.40 review of, 15.80-15.138 JUDICIALREVIEW, see also LABOUR ARBITRATION TRIBUNAL DECISIONS; LABOUR RELATIONS BOARD DECISIONS procedure. See JUDICIAL REVIEW PROCEDURE standards historical development. See JUDICIAL REVIEW STANDARDS, HISTORICAL EVOLUTION modern evolution. See JUDICIAL REVIEW STANDARDS, MODERN EVOLUTION theoretical basis for, 3.20-3.280 JUDICIAL REVIEW, FORUMS AND TIME FOR BRINGING interim rulings, review of. See prematurity, infra jurisdiction, geographical, 15.240-15.300 British Columbia, 15.300 Federal, 15.240, 15.300 Ontario, 15.280 Saskatchewan, 15.260 mootness, 15.420-15.680 bankruptcy, effect of, 15.660 discretion, exercise of, 15.540 examples of, 15.460 factors to be considered, 15.480, 15.520, 15.560 labour relations tribunals, applications of doctrine to, 15.580, 15.600 legislation, change in, 15.440, 15.460 picketing, 15.620, 15.640, 15.680 test for, 15.420 prematurity, 15.40 interim rulings, review of, 15.80-15.138 Alberta courts, 15.112-15.116 British Columbia courts, 15.102-15.106 denial of application, policy reasons for, 15.82 factors, 15.80 Federal courts, 15.122-15.138 Manitoba courts, 15.121 Newfoundland courts, 15.118 Nova Scotia courts, 15.117 Ontario courts, 15.82-15.100 Prince Edward Island courts, 15.119 Quebec courts, 15.120 I-17 December 2015
JUDICIAL REVIEW IN LABOUR LAW JUDICIAL REVIEW, FORUMS AND TIME FOR BRINGING continued prematurity continued interim rulings, review of continued Saskatchewan courts, 15.108-15.110 remedy, existence of adequate alternative, 15.140-15.160 British Columbia courts, 15.140 labour relations board, 15.156-15.158 policy reasons for, 15.156 reconsideration, power to, 15.158 Federal courts, 15.154, 15.160 Nova Scotia labour relations board, 15.160 reconsideration, power to, 15.160 Quebec labour commissioners, 15.154 Supreme Court of Canada, 15.142, 15.144, 15.146, 15.148, 15.150 test for, 15.146, 15.152 summary, 15.162-15.164 standing, 15.320-15.400 individual standing generally, 15.320 grievor, 15.320, 15.400 individual employees, 15.340-15.380 laid-off employees, 15.390 non-bargaining unit members, 15.320 replacement workers, 15.380 union non-party to collective agreement, 15.330-15.340 JUDICIAL REVIEW PROCEDURE Alberta, 18.240-18.340 affidavits, 18.280 originating notice of motion, 18.240 powers of the Court of Queen s Bench, 18.260, 18.340 Rules of Court of Queen s Bench, 18.240 service, 18.260 special chambers vs. trial list, 18.280 time limits, 18.320-18.340 written briefs, 18.300 British Columbia, 18.400-18.460 affidavits, 18.460 Form 67 (response), 18.420 I-18
INDEX JUDICIAL REVIEW PROCEDURE continued British Columbia continued Judicial Review Procedure Act, 18.400 notice of hearing, 18.440, 18.460 originating process, 18.400 petition for judicial review, 18.440 federal, 18.40-18.230 affidavits and exhibits, time for service and filing, 18.120 application procedure, 18.160 application record, 18.200 arbitrators collective agreement, 18.40 unjust dismissal, 18.60 boards and tribunals, 18.40 court, jurisdiction of, 18.60 cross-examinations, time for completing (Rules 84-86), 18.120 Federal Court Rules, 18.40, 18.120 form of application, 18.180 Labour Relations Board, 18.100 labour relations officials, 18.80 notice of appearance, 18.100 notice of application (Form 301), 18.80 pre-hearing conference, 18.200 requisition for a hearing (Form 314), 18.180 service, 18.100 time for bringing application, 18.140 time limits, 18.60, 18.230 tribunal materials, production of, 18.160 final dispositions, 15.20 final relief. See FINAL RELIEF geographical jurisdiction, 15.240-15.300 federal arbitrators, 15.240 federal boards, 15.240 forum conveniens issues, 15.260-15.300 interim relief. See INTERIM RELIEF interim rulings, generally, 15.40 introduction, 18.20 Manitoba, 18.560-18.720 affidavits, 18.720 applicant s brief, 18.720 application for prerogative relief, 18.640 arbitration award vs. labour relations board decision, 18.560-18.620 Labour Relations Act, 18.560 I-19 December 2015
JUDICIAL REVIEW IN LABOUR LAW JUDICIAL REVIEW PROCEDURE continued Manitoba continued notice, 18.660-18.700 of application, 18.700 requirement to give, 18.660 Queen s Bench Rules, 18.560 respondent s brief, 18.720 review request prerequisite, 18.600-18.620 service, 18.680 time for bringing application, 18.580 mootness application to review of labour relations tribunals, 15.580-15.600 discretion of court to hear moot cases, 15.620-15.680 general principles, 15.420-15.560 New Brunswick, 18.740-18.940 affidavits, 18.700 appellant s submissions (Rule 62.14), 18.920 application record, 18.900 Court of Appeal, direct referral to, 18.740-18.840 cross-examination, 18.780 hearing date, establishment of, 18.840, 18.880 interim order for stay, powers to make, 18.800 notice of application, 18.740-18.780 pre-hearing briefs, time for filing and serving, 18.920 production, 18.940 respondent s brief, 18.720 respondent s submissions, 18.920 return date, 18.840 Rules of Court, 18.740 service, 18.780 time for bringing application, 18.820 Newfoundland, 18.960-18.1020 application, 18.960, 18.1000, 18.1020 notice of application, 18.1020 Rules of Supreme Court, 18.960 service requirements, 18.1000 time for bringing application (Rule 54.06), 18.980 Northwest Territories, 18.1800-18.1895 affidavits, 18.1835, 18.1855 briefs, 18.1875 hearing date, 18.1870 interim orders, 18.1835 I-20
INDEX JUDICIAL REVIEW PROCEDURE continued Northwest Territories continued originating notice, 18.1805 service requirements, 18.1825-18.1830 pre-hearing conference, 18.1865 private sector arbitration, 18.1890 procedural steps, 18.1895 record for the court, 18.1845-18.1850 relief available, 18.1810 time for bringing application, 18.1815 tribunal as respondent, 18.1860 Nova Scotia, 18.1030-18.1080 notice of participation, 18.1055 originating notice requirements, 18.1030-18.1050 procedural steps, 18.1080 record for the court, 18.1060 time for bringing application, 18.1030 Nunavut Territory, 18.1900-18.1970 briefs, 18.1950 originating notice, 18.1910, 18.1930 service requirements, 18.1930 procedural steps, 18.1970 relief available, 18.1920 time for bringing application, 18.1910 Ontario, 18.1180-18.1360 affidavits and exhibits, 18.1280 appearance, filing of, 18.1260 application record and factum, 18.1300-18.1320, 18.1360 certificate of perfection, 18.1340 date of hearing, setting, 18.1200 Divisional Court jurisdiction, 18.1180 Judicial Review Procedure Act, 18.1180 notice of appearance, 18.1260 notice of application, 18.1240 provincial court jurisdiction, 18.1180 respondent s record, 18.1320, 18.1360 Rules of Civil Procedure, 18.1220 time limits, 18.1200, 18.1300 timing for bringing applications, 18.1220 premature applications, 15.80-15.164 basis for finding prematurity, 15.80 Federal Court position, 15.122-15.139 interim rulings, policy against review of, 15.100 I-21 December 2015
JUDICIAL REVIEW IN LABOUR LAW JUDICIAL REVIEW PROCEDURE continued premature applications continued privative clause, 15.140 Quebec position, 15.120.01 substantive vs. purely procedural rulings, 15.160 Prince Edward Island, 18.1380-18.1560 affidavits, 18.1480, 18.1520 application record and factum (Rule 68.04(1)), 18.1480, 18.1520 certificate of perfection, 18.1540 date of hearing, setting, 18.1400 extension of time, 18.1560 Judicial Review Act, 18.1380 jurisdiction of the Supreme Court of Prince Edward Island, 18.1380 notice of appearance, 18.1460 notice of application, 18.1440 respondent s record, 18.1520 Rules of Civil Procedure, 18.1380 timing for bringing applications, 18.1420, 18.1460, 18.1480, 18.1520, 18.1560 Quebec, 18.1580-18.1690 affidavits, 18.1660 evocation, 18.1680 forum, 18.1600 originating process, 18.1600-18.1640 service requirements, 18.1640 procedural steps, 18.1690 time for bringing application, 18.1620 Saskatchewan, 18.1700-18.1780 affidavits, 18.1760 briefs, 18.1750 forum, 18.1700 hearing dates, 18.1740 (The next page is I-23) I-22
INDEX JUDICIAL REVIEW PROCEDURE continued Saskatchewan continued originating process, 18.1700, 18.1740 service requirements, 18.1760 parties, 18.1720-18.1730 record for the court, 18.1770 time for bringing application, 18.1710 standing limited to parties to collective agreement, 15.320-15.340 where granted to individual employees, 15.360-15.400 Yukon Territories, 18.2020-18.2090 affidavits, 18.2040 hearing, 18.2060 originating petition, 18.2020 service requirements, 18.2030 parties, 18.2030 private sector labour arbitration, 18.2070-18.2080 procedural steps, 18.2090 record for the court, 18.2060 JUDICIAL REVIEW STANDARDS, HISTORICAL EVOLUTION generally, 4.40-4.60 Metropolitan Life case criticism of, 4.620 discussed, 4.580-4.620 1940s-1950s arbitration boards correctness standard, 4.480 excess of jurisdiction, 4.480 subjection to certiorari, 4.400-4.460 confusion of approach, 4.300 deference to board matter within board s discretion, 4.340-4.380 minor role of, 4.520 wrong conclusion, 4.560 error re preliminary matter, 4.100 exclusion of persons by union, 4.320 interpretation of labour relations statute, 4.200 jurisdictional excess, 4.280 natural justice breach of causing loss of jurisdiction, 4.260, 4.520 rules of, 4.120-4.140 preliminary or collateral matters, reviewable for correctness, 4.520 I-23 November 2013
JUDICIAL REVIEW IN LABOUR LAW JUDICIAL REVIEW STANDARDS, HISTORICAL EVOLUTION continued 1940s-1950s continued privative clauses, 4.80, 4.140-4.160 interpretation of, 4.400 Supreme Court of Canada s interpretation of, 4.540 weak, 4.220 quasi-judicial vs. administrative decisions, 4.80 1960s lower court decisions decision within board s jurisdiction, 4.680 deference to board s expertise, 4.680 error in determining collateral question, 4.640 preliminary issue, standard of correctness re, 4.660 1970s-1990s decisions acceptance of collective bargaining in legal system, 4.700-4.720 cases demonstrating, 4.720 clear irrationality test, 4.940 deferral to board s decisions, 4.700 excess of jurisdiction, test for, 4.820 legal academic opinion, 4.700 New Brunswick Liquor case, 4.900-4.940 patently unreasonable standard of review emergence of, 4.780-4.940 expression of, 4.900 preliminary or collateral question doctrine, 4.880 privative clause, meaning of, 4.880 Supreme Court of Canada expertise of tribunal, 4.920 judicial non-intervention principle, 4.920 scope of judicial review, establishment of, 4.860 standards of review set by, 4.780 post-new Brunswick Liquor, 4.980-4.1900 American vs. British approach, 4.1440 backsliding, 4.1380 board s interpretation of constitutional questions, 5.160 its own statute, 4.1260-4.1300 interpretation, error of, 4.1420 reading into statute absent provision, 4.1380 other statutes, 4.1160, 5.160 correctness standard, application of, 4.1120-4.1140, 4.1160, 4.1420, 4.1660 interpretation, employee, error of, 4.1420 I-24
INDEX JUDICIAL REVIEW STANDARDS, HISTORICAL EVOLUTION continued post-new Brunswick Liquor continued correctness standard, application of continued jurisdiction, determination of, 4.1540 arbitrarily, vs., 4.1560 truly jurisdictional questions, 4.1640 inconsistency, review for, 4.1580-4.1600 judicial deference, 4.1200, 4.1360, 4.1600-4.1640 administrative tribunal, 4.1580 (The next page is I-25) I-24.1 November 2013
INDEX NATURAL JUSTICE, BREACH OF continued labour relations boards continued submissions, responding and making continued general continued Supreme Court of Canada continued procedural matters, 7.140 post-new Brunswick Liquor access to medical information, 7.560 application for a declaration, 7.580 audi alteram partem, 7.580 bias, 7.420 certification proceedings, 7.420, 7.480, 7.580 consent order, 7.540 contentious issues, 7.420 cross-examination, 7.580 deference, 7.580, 7.680 delay, effect of, 7.660 displacement application, 7.540 evidence, 7.440, 7.500, 7.520, 7.540 expert evidence, 7.520 hearing, failure to hold, 7.420, 7.480, 7.520 notice, 7.600, 7.610, 7.620, 7.680 status, interested parties, 7.640 pre-anisminic adjournment, 7.220 certification procedure, 7.220, 7.240 cross-examination, 7.220 jurisdiction, 7.220, 7.240 notice, 7.240 pre-new Brunswick Liquor adjournment, 7.260 certification hearing, 7.320 certiorari, 7.260, 7.280 clarification of a decision, 7.280 cross-examination, 7.320, 7.380 evidence, 7.300 failure to attend a hearing, 7.260, 7.340 intervenor, status of, 7.280 jurisdiction, 7.280 notification, 7.360 panel members private notes, 7.550 reconsideration, 7.260, 7.280, 7.320 written submissions, 7.320 I-33 December 2015
JUDICIAL REVIEW IN LABOUR LAW NATURAL JUSTICE, BREACH OF continued statutory adjudicators bias Federal courts, 14.1020 adjudicator, unfavourable, comments by, 14.1020 adverse inference, failure to draw, 14.1020 premature application, 14.1020 racial bias, allegations of, 14.1020 settlement, adjudicator s attempt to mediate before merits heard, 14.1020 settlement proposals, one side s referral to, 14.1020 Quebec courts pre-judging, 14.1020 evidence, uses of rules of wide discretion to admit, 14.1030 general Federal courts adjournment, failure to grant, 14.962 production, failure to allow, 14.962 Quebec courts cross-examination, failure to provide opportunity to, 14.958 production, failure to allow, 14.962 standard of review, 14.970 transcript, failure to provide, 14.958 submissions, responding and making Federal courts prima facie case, failure to disclose, 14.980 remedy, failure to allow submissions on, 14.980 Quebec courts, 14.980-14.1000 evidence absence of, 14.980 admissibility of, 14.1000 remedy, failure to allow submissions on, 14.980 standard of review, 14.980 wrong question, 14.980 summary, 14.1040 NATURAL JUSTICE, RULES OF bias as breach of, 14.1020 certification cases breaching, 7.420 excluding relevant evidence, 10.4720 interim relief for breaching of. See INTERIM RELIEF judicial review standards and, 4.120-4.140, 4.260, 4.520 I-34
INDEX NATURAL JUSTICE, RULES OF continued labour arbitration tribunal decisions and. See LABOUR ARBITRATION TRIBUNAL DECISIONS labour relations board decisions and. See LABOUR RELATIONS BOARD DECISIONS privative clauses and, 8.60 quashing tribunal decision for. See FINAL RELIEF rules of evidence, use of, 14.1030 statutory adjudicator decisions and. See STATUTORY ADJUDICATOR DECISIONS PATENT UNREASONABLENESS STANDARD acceptance of, 4.980 application of, 4.1480, 4.1660, 6.2840-6.2920, 12.360 correctness standard, vs., 4.1100, 10.3590-10.3660 declining jurisdiction and, 10.4670 embrace of, 6.2480-6.2520 emergence of, 4.780-4.940, 9.380, 9.440, 9.560, 9.800-9.820 exceptions to, 6.4860-6.3220 ignoring relevant evidence, 6.5720, 10.4730 patently unreasonable defined, 4.1500, 6.1840 post-dunsmuir, 5.20-5.180, 9.920-9.1000 prevalence of, 6.2980 privative clauses and, 9.900, 9.912, 12.100, 12.360 reaffirmation of, 4.1080 reasonableness and, 6.2380, 9.880-9.918, 10.2500, 10.3100-10.3180, 10.3320, 10.4520 refinement of, 4.1120 remedy, no authority to give, 6.980, 6.1300, 6.1340 scope of court s remedial power, 17.40-17.60 standard of review analysis, 4.1700-4.1900 statutory adjudicator decisions and, 14.20, 14.620-14.660, 14.740, 14.820-14.840 subject matter jurisdiction and, 6.620, 6.680-6.700, 10.880 successor rights, 6.4260-6.4480 PAY AND BENEFITS ISSUES. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions PENALTIES. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions I-35 December 2015
POSTING, JOB. See REASONABLENESS OF THE DECISION, labour arbitration tribunal decisions, job postings and classifications PREMATURITY adequate alternative remedy origin of doctrine, 15.142 where statutory right of appeal, 15.156-15.158 review of interim rulings Alberta, 15.112-15.116 British Columbia, 15.102-15.106 Federal Court, 15.122-15.138 Nova Scotia, 15.118 Ontario, 15.82-15.100 policy reasons to discourage, 15.80-15.86 Prince Edward Island, 15.119 Quebec, 15.120 rulings within vs. outside jurisdiction, 15.88-15.100 Saskatchewan, 15.108-15.110 PREROGATIVE WRITS certiorari. See CERTIORARI historical uses of, 3.100 mandamus. See MANDAMUS origins of, 3.60 prohibition. See PROHIBITION rule of law and, 3.140 superior court power re, 3.160 theoretical justification for, 3.120 JUDICIAL REVIEW IN LABOUR LAW PRIVATIVE CLAUSES labour arbitration tribunals, of no certiorari clause, standard, 12.20-12.200 ad hoc vs. panel arbitrators, 12.160 administrative bodies, incompatible orders from, 12.200 Canada Labour Code, 12.20 correctness standard, 12.100 expertise of arbitrators, 12.120 final, meaning of, 12.140 final and binding clause, 12.80, 12.120-12.140 interpretation of Bradco, 12.100 external statutes, 12.100 judicial deference, factors affecting, 12.180 I-36
PROCEDURE, RULES OF continued labour relations board decisions continued judicial review affidavits, 7.1340 notices, 7.1100 panels, 7.1280-7.1320 change in,members, 7.1300 functus officio, as, 7.1320 number constituting, 7.1280 redeterminations, 7.1280 res judicata, application of, 7.1300 parties exclusion, 7.1125 status, 7.1100 reasons, 7.1180 statutory preconditions, 7.1140 time limits, 7.1080 transcripts, 7.1200 witnesses exclusion, 7.1125 summonses, 7.1260 PROHIBITION court s remedial power, 17.120 interim relief, 16.160 INDEX QUASHING A DECISION. See FINAL RELIEF RAILWAY BOARDS OF ADJUSTMENT, 2.280 REASONABLENESS OF THE DECISION labour arbitration tribunal decisions arbitrability issues, 10.3530-10.3620 arbitrability vs. jurisdiction, 10.3530 jurisdiction, standard of review applied, 10.3550-10.3620 standard of review, 10.3540 collective agreement, status of, 10.3710-10.3820 expiry at the time of grievance, 10.3720 previous collective agreement, grievances under, 10.3720 standard of review, 10.3710 tripartite agreements, 10.3720 contracting out, 10.3850-10.4000 bargaining unit work, assignment outside of, 10.3850-10.4000 collective agreement, restrictions, absence of, 10.3850 I-41 December 2015
JUDICIAL REVIEW IN LABOUR LAW REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued contracting out continued demotions, 10.3850 lay-off and recall rights, 10.3850, 10.4010 standard of review, 10.3850 damages, illegal strikes and generally, 10.4170-10.4380 deference after expiration of contract, 10.4210 blanket award, 10.4180 caused by strike, 10.4170, 10.4350 interest, power to award, 10.4190 legal costs, 10.4190 mitigation, 10.4170 non-union contracting (subcontracting), for, 10.4200 related employers, 10.4190 supplementary award, 10.4210 intervention general damages, 10.4330 punitive damages, 10.4170, 10.4360 standard of review, 10.4170-10.4350 discipline, 10.4070 sexual harassment investigation interview, 10.4070 standard of review, 10.4070 discrimination, 10.4290-10.4370 deference adverse effect discrimination, 10.4290 arbitrator s right to consider, 10.4290 duty to accommodate, 10.4310 mild disability, 10.4310 intervention duty to accommodate, 10.4310 human rights complaint, jurisdiction over, 10.4360 human rights legislation, consideration of, 10.4340 incapacity, release for, 10.4310 last chance agreements, 10.4290 mandatory retirement, 10.4290 marital status. 10.4290 religious absence, 10.4310 standard of review patent unreasonableness standard, 10.4310 reasonableness, 10.4310 worker s compensation, deemed termination while on, 10.4310 I-42
INDEX REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued early jurisprudence, historical origins, 10.2500-10.2660 collective agreement, disregarding or changing, 10.2540 consensual vs. statutory arbitrators, 10.2600 error on face of record, 10.2620, 10.2640 failure to give notice, 10.2580 intervention, 10.2580, 10.2640 judicial deference re rational decision, 10.2520 restrictions on, 10.2560, 10.2620 trend toward, 10.2620-10.2640 question of law, 10.2620, 10.2660 restrictions on intervention, 10.2540-10.2560 employer s duty to act reasonably and fairly. See reasonableness and fairness, infra estoppel, 10.3750-10.3880 deference, 10.3760 intervention court decision, reliance on, 10.3770 misapplication of estoppel, 10.3770 representations, 10.3770 settlements, 10.3770 standard of review, 10.3720 jurisdiction of arbitrator, 10.3750 external statutes and general legal principles, 10.4380-10.4445 benefit plan, 10.4380 collective agreement interpretation of, 10.4420 silence, 10.4380 vs. statute, Quebec Civil Code, 10.4420 day of rest legislation, 10.4380 education legislation, 10.4380 employment standards legislation, 10.4380 health and safety legislation, 10.4380, 10.4570 human rights legislation, 10.4380, 10.4570 legal principles, interpretation of, 10.4440 motor vehicle legislation, 10.4380 municipal legislation, 10.4380 Quebec Charter, 10.4380 registration of professional legislation, 10.4380 standard of review, 10.4380 unemployment insurance legislation, 10.4380 I-43 December 2015
JUDICIAL REVIEW IN LABOUR LAW REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued external statutes and general legal principles continued workers compensation legislation, 10.4380 extrinsic and other evidence, admissibility of, 10.3880-10.3930 ambiguity, 10.3880 deference additional evidence, arbitration board s request for, 10.3930 admissions and denials, 10.3930 employment files, 10.3930 letters of reprimand, 10.3930 relevant evidence, failure to consider, 10.3930 intervention criminal court proceedings, 10.3900 different collective agreement practice, 10.3900 facts, failure to consider, 10.3900 past practice, 10.3900 post-discharge rehabilitation, 10.3920 work history, 10.3920 procedural fairness, 10.3930 standard of review, 10.3930 interest arbitration, 10.4240-10.4480 standards of review, 10.4260, 10.4480 job postings and classifications, 10.4020-10.4160 deference additional duties, employer s ability to assign, 10.4020 apprenticeship program, 10.4020 grievance, right to file ( unclassified employees ), 10.4020 part-time employees, assignment to full-time positions, 10.4020 posting, requirement of, 10.4020 reclassification, 10.4020 rules, employer s ability to unilaterally establish, 10.4020 transfers, 10.4020 intervention collective agreement, re-writing of, 10.4050 grievance, refusal to hear, 10.4050 higher classification, performing work of, 10.4050 improper classification, 10.4050 jurisdiction, 10.4020 new classification, 10.4050 posting, exception to, 10.4020 qualifications, 10.4050 reclassification, 10.4050 I-44
INDEX REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued job postings and classifications continued intervention continued surplus position, existence of, 10.4050 vacancy, filing with less qualified employee, 10.4020 lay-offs, 10.3980-10.4120 bumping rights, 10.3990 existence of, 10.3980-10.4120 recall, 10.3990 patently unreasonable test, 10.2500 pay and benefits issues, 10.3400-10.3520 deference acting pay, 10.3450 bereavement pay, right to when on vacation, 10.3450 bumping, 10.3450 collective agreement, incorporation of right in, 10.3470 drug coverage, 10.3420 entitlement, 10.3470 floating holiday benefits, 10.3420 hours of work determination of, 10.3450 reduction in, 10.3450 leave with pay, 10.3470 long-term disability benefits, 10.3450 denial of other collective agreement benefits while on, 10.3410 disentitlement to, 10.3450 meals, 10.3420 mileage allowance, 10.3450 overtime, 10.3420, 10.3420 salary grid determinations, 10.3450 salary increment, 10.3470 salary payment, 10.3420 severance pay, 10.3420, 10.3420, 10.3440 service accrual, termination of, 10.3470 sick leave credit, 10.3410 termination pay, 10.3470 union fund, unauthorized deductions from, 10.3450 vacation entitlements, seniority vs. continuous service, 10.3470 vacation pay, accrual while on leave, 10.3450 vacation pay, generally, 10.3420 working conditions, change in, 10.3470 years of service, determination of, 10.3450 I-45 December 2015
JUDICIAL REVIEW IN LABOUR LAW REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued pay and benefits issues continued intervention association fees, 10.3510 benefits, decrease in, 10.3510 collective agreement, modification of, 10.3510 holiday, failure to report for work on, 10.3510 human rights legislation, 10.3510 insurance, obligations of employer vs. insurer, 10.3510 laser eye surgery, 10.3510 lieu days, 10.3510 meals, 10.3510 overtime entitlement, 10.3510 patent unreasonableness standard, 10.3400 pay increments, 10.3510 pension fund, 10.3510 salary red-circling, 10.3510 scale, 10.3520 severance pay, 10.3510 travelling time, 10.3510 pension plan, 10.3290 penalties, 10.4080-10.4240, 10.4320 deference balance of probabilities, standard, 10.4130 culminating event, 10.4130 excessive absenteeism, 10.4130 illegal drugs, 10.4140 progressive discipline, arbitration board s refusal to apply, 10.4120 reinstatement conditions, 10.4110 contract employees, 10.4120 generally, 10.4130 pay in lieu, 10.4110 refusal to award, 10.4120, 10.4280 substitution of, 10.4100, 10.4240 suspension, 10.4110-10.4260 intervention absences without leave, 10.4080 assaults, 10.4090 burden of proof, 10.4140 I-46
INDEX REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued penalties continued intervention continued criminal court conviction, 10.4080 dismissal without cause, 10.4140 grievor, competency of, 10.4140 illegal drugs, possession of, 10.4140 penalties, substitution of, 10.4080, 10.4220-10.4240, 10.4300-10.4310 reinstatement, 10.4140, 10.4310, 10.4320 suspensions, 10.4150 time limits, 10.4090 standard of review, 10.4080, 10.4280, 10.4300 post-new Brunswick Liquor lower court decisions, 10.3290-10.3340 judicial deference, 10.3290 language could reasonably bear test, 10.3290 patent unreasonableness test, 10.3320 reasonableness test, 10.3300 statutory vs. consensual arbitrators, 10.3340 Supreme Court of Canada decisions, 10.3060-10.3240 ad hoc arbitrators vs. labour relations boards, 10.3220 correctness standard, 10.3200 judicial deference, 10.3080 jurisdictional questions, genuine, 10.3200, 10.3240 patent unreasonableness standard, 10.3100-10.3180 exceptions to, 10.3240 pre-new Brunswick Liquor decade judicial deference, 10.2740, 10.2900 arrive at a wrong result test, 10.2840, 10.2860 correctness standard, 10.2840 collective agreement, amendment to, 10.2980 doctrines, application of, 10.2760 employment standards legislation, 10.2800 frustration, 10.2820 inaccurate reasons, 10.2820 interest arbitrations, 10.2900 laches, application of, 10.2820 Ontario Division Court, 10.2820 privative clause, 10.2880 public service adjudicators, 10.2900 reasonably bear test, 10.2740, 10.2780, 10.2800, 10.2820 I-47 December 2015
JUDICIAL REVIEW IN LABOUR LAW REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued pre-new Brunswick Liquor decade continued judicial intervention, 10.2920-10.3040 arbitration awards, 10.3020 collective agreement in conflict with public statute, 10.2920 interpretation of, 10.3000 discharge, 10.2920 error on the face of the record, 10.2920 external statutes, 10.3020 extrinsic evidence, 10.2920 grievance procedure, failure to abide by, 10.2920 health insurance benefits, 10.2920 holiday pay, 10.2920 interest arbitration, 10.3040 job classifications, 10.2920 Ontario Labour Relations Act, 10.2960 penalty, substitution of, 10.2920 public service adjudicators, 10.2980 probationary employee, dismissal grievance of, 10.3000 reasonably bear test, 10.2960 supplemental unemployment benefits, 10.2920 time limits, 10.2940 wage rate, 10.2920 workers compensation legislation, 10.2960 language could reasonably bear test, 10.2780, 10.2800 reasonableness standard, 10.2800-10.2840 Supreme Court of Canada decisions, 10.2680-10.2720 judicial deference, 10.2700 judicial intervention, 10.2680 probationary and casual employees, 10.3640-10.3780 arbitrary or bad faith employer conduct, 10.3670 Charter violation, 10.3670 collective agreement amendment to, 10.3690 silent on status of probationary employees, 10.3690 grievance rights, 10.3640-10.3760 casual employee rights, 10.3660 discharge, 10.3640, 10.3740, 10.3770 probationary employee rights, 10.3640 jurisdiction over, 10.3680 I-48
INDEX REASONABLENESS OF THE DECISION continued labour arbitration tribunal decisions continued probationary and casual employees continued labour relations statutes, application to probationary employees, 10.3670 other statutes, 10.3680 probationary vs. permanent status, 10.3690 reasonableness and fairness, 10.3790-10.3970 deference collective agreement, implying term in, 10.3790 management rights clause, 10.3830 obligation to act reasonably, 10.3820, 10.3960 rules, reasonableness of, 10.3790, 10.3920 intervention bargaining unit work, assignment of, 10.3800, 10.3970 implying duty on management. 10.3790, 10.3970 leave of absence, denial of, 10.3840 standard of review, 10.3690, 10.3900 reinstatement, 10.4080, 10.4240-10.4320 remedial issues (other), 10.4220-10.4410 authority to award position to grievor, 10.4220 deference certification application, 10.4230 job selection, 10.4220 performance reviews, 10.4230 intervention transfer to lower paying position, 10.4230 standard of review, 10.4220 seniority, 10.3940-10.4100 deference bargaining unit, return to after promotion, 10.3950 bumping, 10.3950 job selection, 10.3950 lay-off, 10.3950 seniority, calculation of, 10.3950 intervention employee, definition of, 10.3950 seasonal employee, interpretation of, 10.3950 standard of review, 10.3940, 10.4100 standard of review generally (lower courts), 10.3290-10.3395 collective agreement, modification or addition to, 10.3330 consensual arbitrators and statutory arbitrators, 10.3340 I-49 December 2015