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Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg

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Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

Re Farmers Co-Operative Dairy Ltd And Unifor, Local 40n (Giles), Innis Christie

Innis Christie Collection

The Grievor was discharged due to theft, fraud and breach of trust. The Union believes the discharge was unjust since an addiction to gambling suggests accommodation would be appropriate. The Grievor seeks reinstatement with full compensation for lost wages and benefits.

The grievance fails. The theft was premeditated and repeated. There is no evidence that the behaviour would not be repeated.

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

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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.

Canadian Media Guild V Canadian Broadcasting Corp, Innis Christie

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The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

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Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Re Canada Post Corp And Cupw (066-07-00001), Innis Christie

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Union grievance, submitted on August 29, 2007, on behalf of all affected employees alleging breach of Articles 11,13 and 52 in that the Employer failed to fill a vacant RLC position. The Union sought an order that the Employer grant full redress to the employee who should have been given the RLC position.

Nlnu V Eastern Regional Integrated Health Authority, Innis Christie

Innis Christie Collection

This is a policy grievance regarding the Employer's Attendance Management Program. The Union does not believe some sections conform with the Collective Agreement. The Employer is willing to accept guidance if some aspect of the Program is inconsistent with the Agreement.

The grievance succeeds in part. The grievance is dismissed except that the Employer is directed to amend the written policy to reflect the manner in which the policy is actually applied. Jurisdiction is retained to assist with the implementation of the award, if needed.

Ufcw, Local 1288p V Maple Leaf Consumer Foods Moncton Ltd, Innis Christie

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The Grievor was discharged for innocent absenteeism. The Union believes this was without just cause and that the Employer failed to sufficiently accommodate the Grievor. Reinstatement was initially requested as remedy, but the Grievor had found other employment and requested compensation instead.

Cep V Bell Aliant Regional Communications Llp, Innis Christie

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This is a Union grievance regarding the scheduling of part-time employees and whether temporary student employees should be regarded as part-time for scheduling. The student's total annual work hours could be reduced under the Union's interpretation. The Employer does not include student employees as 'part-time' in the interpretation of the collective agreement.

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

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The Grievor refused to work in what she considered an unsafe situation. After the Employer investigated she was ordered to return to work. Her refusal resulted in a two day suspension. The letter of suspension indicates that the Employer's decision was, in part, based on a similar suspension in her personal file, which is also being grieved. The Union claims the suspension was without just cause and wants the Employer to pay damages for what was lost as a result of the suspension and removal of all related documents in the personal file.

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

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The Grievor was suspended with pay until a complaint by a co-worker could be investigated. The complaint dealt with a conversation regarding serial killers, which upset the co-worker and caused the Employer to be concerned about workplace safety. After the investigation the Grievor was placed on sick leave until she could provide medical proof that she was not a danger to her co-workers. The Union believes the Employer breached the collective agreement by imposing the suspension without just cause and, as remedy, wants the Employer to pay damages to compensate the Grievor for what was lost by the suspension, a …

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

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The Grievor was suspended for inappropriate behaviour towards co-workers. The Union claims the three day suspension was without just, reasonable and sufficient cause and sought a remedy which would pay damages due to the suspension and removal of all related documents from the Grievor's personal file.

The grievance succeeds in part. Discipline was appropriate. There was nothing in the Grievor's personal record to support a three day suspension and one of the complaints warranted no discipline. The suspension is reduced to two days and the Grievor is to be compensated for losses resulting from the third day.

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

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The Grievor was given a three day suspension (two waived, one served) for inappropriate behaviour and comments to both a co-worker and a supervisor. The Union claims the Employer breached the collective agreement by not following prescribed procedure and depending on hearsay evidence. As remedy the Union wanted the Employer to pay damages for what was lost due to the suspension and removal of all related documents from the Grievor's personal file.

Re Air Canada And Acpa (Thain), Innis Christie

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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

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This is a supplementary award. The parties could not agree on the interpretation of a consent award issued the day before this grievance. The issue being the length of time the Grievor was to remain free of illegal drug use. The Union said the 24 months mentioned in the award; the Employer said indefinitely. The counsel for the Employer also suggested that the Arbitrator did not have jurisdiction to decide the matter.

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

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The Grievor had previously been reinstated to her position, with certain conditions. This grievance was submitted by the Union after the Grievor was again discharged for a positive drug test. The parties agreed to a consent award.

This is a consent award. A "last chance" reinstatement is ordered for the Grievor with numerous conditions, which include a treatment program. Jurisdiction is retained regarding any further alleged breach, but not to modify penalty.

University Of Prince Edward Island Faculty Association V University Of Prince Edward Island, Innis Christie

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Member Grievance dated November 10, 2006, alleging that the Employer violated Article G1.3a) of the Collective Agreement between the parties, effective May 12, 2006 and expiring June 30, 2010, which the parties agreed is the Collective Agreement applicable here. In the Grievance the Union grieves "the Employer's violation of hiring procedures for sessional instructors", which resulted in the Grievor not being offered a sessional contract to teach [Retracted] for the Spring semester of the academic year 2006/7. The Union seeks a declaration that the Employer violated the Collective Agreement and an order that the Grievor be fully compensated for loss …

Cep V Bell Aliant Regional Communications Llp, Innis Christie

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This is a policy grievance brought by the Union because the Employer refused to allow employees, who were accepting an early retirement package, to include outstanding vacation time as time served. The Union wanted the remedy to include a recalculation of entitlement for the relevant employees, a declaration that the Employer had violated the Agreement and an order that eligible employees be allow to reconsider their choices based on this decision. The Employer's interpretation hinged on the fact that the departure date was subject to the Employer's approval.

Re Halifax Employers Assn And Halifax Longshoremen's Assn, Local 269, Ila, Innis Christie

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The Union believes the Employer breached the Collective Agreement by submitting the dispatch listing seeking workers twelve minutes late. The Employer believed there was a two hour range, thus the dispatch was not late and no loss was suffered by the Union members. As remedy the Union wants payment of members who might have been assigned from the 'hall' or payment into the Union trust fund.

The grievance succeeds in part. The dispatch under consideration was twelve minutes late. Thus the Employer did breach the Agreement. However, no financial loss was demonstrated and the Collective Agreement does not require a …

Atu, Local 508 V Halifax (Regional Municipality), Innis Christie

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The Grievor was terminated for inappropriate behaviour towards a female passenger. The Grievor did not believe the Employer had just cause and sought reinstatement with full wages and seniority, and the removal of all related documents from his personnel file.

The grievance succeeds in part. Given a previous disciplinary letter regarding similar behaviour, the Grievor should have known that his conduct was not acceptable. Discipline was justified, but dismissal was viewed as excessive in a situation where progressive discipline might be expected. The Grievor is reinstated with several conditions, and with one month suspension without pay. Jurisdiction is retained.

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

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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 Canada Post Corp And Cupw, Innis Christie

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The Grievor was dismissed for allegedly exposing himself and for not cooperating with the Employer's request for medical consultations. The Grievor denied the event occurred. The Union states that the dismissal was without just or sufficient cause and requests that the Grievor be fully reinstated and compensated for all lost earnings and benefits, and that all material relating to the matter be removed from his personnel file.

Atlantic Pilotage Authority V Cmsg, Innis Christie

Innis Christie Collection

INTRODUCTION. The "RESOLUTION OF CONTRACT RENEWAL DISPUTES AGREEMENT" of April 24, 2003 between the parties, under which I am proceeding here, provides: The purpose of this agreement is to establish a binding dispute resolution process to be utilized in circumstances where the parties have engaged in collective bargaining for the purpose of entering into a collective agreement but have failed to reach a settlement. Under such circumstances the following process shall be used to conclude all outstanding issues for the renewal of the collective agreement:

Re Cupe And Canadian Staff Union (Reynolds), Innis Christie

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The Employer posted a position located in Halifax. The Grievor was denied the position because he was not prepared to relocate to Halifax due to family responsibilities. The Union grievance alleged that the Employer breached the Collective Agreement which prohibits discrimination based on marital status and place of residence, and that the Grievor's request to commute should have been accommodated. The Employer believed the position needed to be located in Halifax and that commuting from Newfoundland would not be effective.

Re Halifax (Regional Municipality) And Halifax Professional Firefighters Assn Local 268 (Mackenzie), Innis Christie

Innis Christie Collection

The Union and Grievor believe the Employer discriminated against the latter by not returning him to an agreed position after an absence due to illness. They also believe the Employer failed to accommodate the Grievor's return to the work. The remedy requested was a return to his former position, or to the agreed position after his illness, and damages. The Employer was concerned about both legal and moral issues in the event that the Grievor was not able to fully perform his duties.

Re Canada Post Corp And Cupw, Innis Christie

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The Union grieved that the Employer has not provided sunglasses to outside workers. The Union wishes a declaration that there was a breach of the Collective Agreement and the "Canada Labour Code" and also wants the Employer ordered to provide an allowance for the sunglasses. The Employer does not accept the Union's position.

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

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The Union claims that the discharge of the Grievor was without sufficient cause. The Union raised a preliminary objection; stating that the letter of termination did not disclose sufficient reason to support dismissal. The Union also believed too much time had lapse between the offense and the discharge letter.

Re Izaak Walton Killam Health Centre And Nsgeu (P-05121), Innis Christie

Innis Christie Collection

This is a union policy grievance regarding the Employer's approach to the compensation of employees for time lost on storm days. The Employer was compensating only if the time lost was for less than two hours. The Union believed that the Employer should pay for the first two hours. The Union seeks full redress, including retroactive compensation. The Employer agreed to the requested remedy if the Grievance is successful.

The grievance fails. The Union could not prove its interpretation of the relevant clauses of the Collective Agreement.

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

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Union grievances, submitted on February 15, 2006, on behalf of Anita Bock and Earl Molyneaux alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer violated Article 21.03 by unreasonably withholding special leave for February 1, 2006, when the Grievors did not report to work because of major snow storm. The Union sought an order that the Employer pay damages to compensate the Grievors for what they lost because they were not granted special leave with pay on that day.

Cupe, Local 805 V Prince Edward Island (Department Of Health), Innis Christie, B Crockett, Leonard Russell

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The Union alleges that the Employer improperly set qualifications of a job posting which would favour a less senior employee, rather than the Grievor. Also, that the posting process was not fair and the Grievor had the required qualifications. As the senior employee she should be awarded the position.