Arbitrations vs. Trials: What's the Difference?
by Karine Dion on August 23, 2016
Many areas of the law utilize the Canadian court system to resolve their disputes. Should you ever have to go through this system, you will probably notice that it is very formalized, with many rules attached to every step of litigation. In addition, your judge may or may not be an expert in the area of law that concerns your file, and the costs associated with running a trial are quite high.
Arbitration, on the other hand, is a completely different way to resolve disputes. Although it is not necessarily reserved for matters dealing with labour law issues, unionized workers in Canada that are subject to a collective agreement are some of the main beneficiaries of such a system.
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How Could Phoenix Payroll Land the Feds in Hot Water? Let Us Count the Ways
by Blog Editor on August 8, 2016
Since February, federal public service employees have been suffering a huge range of payroll problems as a result of the Federal Government switching to the new Phoenix payroll system. CBC recently reported that “[a]bout 720 public servants - mostly new hires and students - have not received pay. Another 1,100 have not received parental, long-term disability or severance payments, while more than 80,000 employees entitled to supplementary pay for extra duties, over-time or pay adjustments have had problems.” It appears that the number of public servants who have reported not receiving any pay or parental, long-term disability or severance payments is continuing to rise.
NS to Junior Hockey Players: Labour Protection? Who Needs It!
by Andrew Reinholdt on July 27, 2016
In December, I wrote about the challenges junior hockey players have faced in their attempt to unionize and enforce their basic employment rights, such as minimum wage. As though these attempts were not difficult enough, provincial governments have been actively trying to make it even harder for players to enforce even their minimum employment rights.
Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?
by Sean T. McGee on July 18, 2016
There used to be a debate about levels of damages in human rights cases. Often the unsuccessful party would challenge the decision in court in the hopes that damages awards would be reduced.
Parties are going to have to rethink that strategy in light of the ruling of the Ontario Court of Appeal in Strudwick v. Applied Consumer and Clinical Evaluations.
Where Can I Find That Case? A Short Guide To Finding Labour Cases
by Christopher C. Rootham on July 15, 2016
The following scenario will be familiar to anybody who has appeared in front of labour boards or arbitrators. You are preparing for your case, when somebody tells you about a great decision that is right on point and will really help your case. It was decided by Arbitrator Teplitsky, about five years ago, involving Canada Post and a grievor named Phil. Three hours later, you discover that the case was actually decided by Arbitrator Kaplan, in 1997, involving Air Canada and a grievor named Wanda. And, of course, the case is not actually that helpful.