Law Commons^™

Re Ass'n Of Radio & Television Employees And Canadian Broadcasting Corp, Innis Christie, M L. Levinson, J W. Healy

Innis Christie Collection

Employee Grievance alleging unjust discharge.

Award (in part)

It is widely accepted by labour arbitration boards in Ontario that the onus of proving "just cause" is on the company in dismissal cases, where the collective agreement contains the usual provision and there is no practice to the contrary clearly established between the parties. See for example Re Int'l Ass'n of Machinists, Local 749, and Timken Roller Bearing Co. (1952), 4 L.A.C. 1262 (E.W. Cross, C.C.J., chairman); Re United Brewery Workers and Dow Kingsbeer Brewery Ltd. (1958), 8 L.A.C.198 (B. Laskin, chairman), and Re U.E.W., Local 504, and Canadian …

Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White

Innis Christie Collection

The grievor, an employee in the construction industry, was dis­charged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not estab­lished here. In the construction industry, where foremen …