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Dispute Resolution and Arbitration

Schulich School of Law, Dalhousie University

Innis Christie Collection

Unjust

Articles 1 - 7 of 7

Full-Text Articles in Law

Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie Oct 2005

Re Aliant Telecom Inc And Ac & Twu (Macdonald), Innis Christie

Innis Christie Collection

Union Grievance 04-01, dated July 21, 2004, on behalf of the Grievor, Robert MacDonald, alleging that the Employer discharged the Grievor in violation of Article 2.1 of the Collective Agreement between the parties effective January 1, 1999 — January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing in this matter the parties agreed that I am properly seized of it, that I should remain seized after the issue of this award to deal with any matters arising from its application and that all time limits, either pre-or post-hearing, are waived. …


Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie Oct 2002

Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie

Innis Christie Collection

The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.

This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.


Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie Mar 2002

Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging termination contrary to the provisions of the Collective Agreement between the parties, effective January 18, 1999 to January 17, 2002, in that the Grievor's probationary period under Article 8 had expired when he was terminated without just cause, contrary to Article 21. The Grievance also alleges that no information was supplied to the Grievor as to his performance progression throughout the probation­ary period.


Re Canada Post Corp And Cpaa (Macmillan), Innis Christie Dec 2001

Re Canada Post Corp And Cpaa (Macmillan), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed June 29, 1999 and bearing the expiry date December 31, 2001, which the parties agreed applies here, and in particular of Article 6, in that the Grievor was discharged without just reasonable and sufficient cause. On behalf of the Grievor, the Union requested an order that the Grievor be reinstated on sick leave with any long-term disability benefits to which he was entitled effec­tive the day of his discharge but with no pay and no order that he return to work other than in a supervised environment.


Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie Feb 2000

Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie

Innis Christie Collection

The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability …


Re Canada Post Corp And Lcuc (Merlin), Innis Christie Apr 1988

Re Canada Post Corp And Lcuc (Merlin), Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. on behalf of the grievor the Union requested that he be reinstated without any loss of pay and be sent a letter of apology.


Lcuc V Canada Post Corp, Innis Christie Mar 1988

Lcuc V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievance alleging breach of the Collective Agreement between the parties signed April 3, 1986, with an expiry date of December 31, 1986 but continued in effect by the Canada Labour Code, in that the grievor was unjustly discharged. On behalf of the grievor the Union requested that he be reinstated without any loss of pay and that the letter of discipline be withdrawn from his file. A letter of apology was also requested.