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Labor and Employment Law

Schulich School of Law, Dalhousie University

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Re Canada Post Corp And Cupw (Paris), Innis Christie Dec 2008

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was initially discharged for being absent without leave. After the first arbitration hearing the Grievor was reinstated with conditions; the same conditions were awarded after a second hearing. The Grievor has now been terminated for breach of one of those conditions - the need to seek immediate medical attention when absent from work due to illness. Although the Grievor became ill Sunday evening, the Union believed that by seeking medical attention on Monday the conditions of the previous Consent Award had been met.


Re Air Canada And Acpa (Thain), Innis Christie Sep 2007

Re Air Canada And Acpa (Thain), Innis Christie

Innis Christie Collection

The Grievor alleged that the Employer breached the Collective Agreement when it dismissed him after a criminal conviction. The parties requested a "bottom-line decision, without reasons".

This is a consent award. The Grievor is reinstated to employment effective immediately with a Leave of Absence status. The suspension, which occurred before the discharge, is rescinded. While on Leave of Absence the Grievor will not accrue pay or other compensation, but will retain his position on the seniority list. There will be a one year trial period. During this time a number of conditions must be addressed by the Grievor. Jurisdiction is …


Re Canada Post Corp And Cupw (Paris), Innis Christie Feb 2007

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was discharged for being absent without leave. The Union believed the Employer's action was without just, reasonable or sufficient cause. The requested remedy is full reinstatement, compensation of lost earnings and benefits, and removal of all related documents in the personnel file

The grievance succeeds in part. During the hearing the parties agreed to reinstate the Grievor, subject to a number of conditions, which are to be in effect for 24 months. Jurisdiction is retained.


Re Annapolis Valley Regional School Board And Nstu, Innis Christie Nov 2001

Re Annapolis Valley Regional School Board And Nstu, Innis Christie

Innis Christie Collection

The Employer failed to place the Grievor on "leave for injury on duty" with full salary after she became ill, allegedly as a result of workplace conditions which aggravated her asthma. The Union requests the Grievor be paid her full salary and benefits for the sick leave period and that all sick leave, used by her for this purpose, be restored. The issues are whether the Grievor's asthma and/or its aggravation was an "injury in the performance of her duties" and , if so, whether that injury prevented the Grievor from working. The Employer agrees the Grievor was ill, but …


Re Queens County Residential Services Inc And Cupe, Loc 3373 (White), Innis Christie Jun 2001

Re Queens County Residential Services Inc And Cupe, Loc 3373 (White), Innis Christie

Innis Christie Collection

Employee grievance dated February 15, 1999, alleging breach of Article 18.01 of the Collective Agreement between the Employer and the Union effective October 1, 1998 - March 31, 2002, in that the Employer did not credit the Grievor with service, and conse­quently vacation entitlement, during periods she was on maternity and parental leaves. The Union requested an order that the Grievor be credited with full service and vacation entitlement retroactively to her date of hire, June 5, 1990.


Re Canada Post Corp And Cupw (078-00-00025), Innis Christie Mar 2001

Re Canada Post Corp And Cupw (078-00-00025), Innis Christie

Innis Christie Collection

The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …


Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie Jun 1993

Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie, John Staple, Charles S. Rennie

Innis Christie Collection

Individual grievances alleging breach of the Collective Agreement between the parties for the period April 1, 1988 - March 31, 1991 in that the Employer violated Article 1.5.1 and other relevant articles in denying the Grievors leave without pay for the purpose of working in the school system to become eligible to get pensionable service credit, and in denying them the right to transfer pensionable service purchased by them into the Teachers' Pension Plan when they were employed by the Employer.