Law Commons^™

Employment Law And The Mentally Handicapped, J. Helen Beck

Dalhousie Law Journal

Mental handicaps affect a suprisingly large part of the community. If the handicapped cannot make themselves self-sufficient, they become a great economic burden whereas they may have the potential of being contributors to society. This paper will examine aspects of the law relating to employment opportunity and certain social service structures, and question the extent to which they further a handicapped person's goal of fulfilling his employment potential. Field research was done only in the Halifax area, but the analysis is pertinent across Canada because the statutory provisions, social services and social assistance structures found in Halifax are on the …

Re Halifax (City Of) And International Association Of Firefighters, Local 268, Innis Christie

Innis Christie Collection

Interest Arbitration relating to cost of living and reopener.

The negotiation of the current collective agreement between the parties, over the spring, summer and early autumn of 1979, was difficult. It involved a four-day strike which was concluded without final agreement on all issues. It was not, however, the understanding of the union's negotiating team that the percentage increase in the consumer price index required to trigger the re­opening of the agreement with respect to wages six months prior to its termination date was one of those issues, although there was some uncertainty about the technicalities in the wording of …

Re Corporation Of The City Of Toronto And Canadian Union Of Public Employees, Local 79, Innis Christie, M Tate, Bm W. Paulin

Innis Christie Collection

Employee Grievance alleging unjust discharge.

On October 13, 1977, the grievor, Brian Risdon, was demoted from the position of chief plumbing inspector for the City of Toronto, which he had held since January 23, 1970, to plumbing inspector. On October 14, 1977, he was discharged. The evidence is that prior to the events which gave rise to this demotion and then discharge the grievor had never been disciplined, or even criticized by his superiors in the department of buildings of the City of Toronto, for the way he did his job.

Re Dartmouth (City Of) And Dartmouth Police Association, Local 101, Innis Christie, Charles A. Macdougall, Matthew J. Mcpherson

Innis Christie Collection

Employee Grievance alleging improper refusal of leave of absence in lieu of statutory holiday.

There was no dispute about any of the essential facts. The practice in the Dartmouth Police Department is for a leave calendar to be circulated at the start of each year. Each man writes in his preferred vacation leave in accordance with an order of priorities not here in issue. Thereafter as requests are made and granted for leave for statutory holidays, time off in lieu of overtime and compassionate leave and as members of the department go on training courses, those facts are noted on …

Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey

Dalhousie Law Journal

Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …

The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman

Dalhousie Law Journal

The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …

Re The Queen In Right Of The Province Of Nova Scotia And Nova Scotia Government Employees Association, Innis Christie

Innis Christie Collection

The Deputy Minister's letter of July 5th appears to specify as bases for the discipline here in issue:

1. that the grievor's consulting work with the developer was contrary to the chief engineer's memorandum of February 28, 1977;
2. that accepting employment which led to (public) criticism of departmental policies and fellow employees involved "a conflict of interest"; and
3. that the grievor's letter of February 8th constituted public criticism of department policies.

Re Nova Scotia (Civil Service Commission) And Nova Scotia Government Employees Association, Innis Christie

Innis Christie Collection

Employee grievance under the collective agreement between the parties for the Professional and Administrative Classification and Pay Plan Group, which expired April 21, 1979, seeking a dec­laration that there is no indebtedness on the part of the grievor to the employer for educational leave assistance and a direction that the employer pay to the grievor all money in her superannuation account.