Tag: labor arbitrator

Labor Arbitrators Have More Scope than Courts, Supreme Court Says

By Brian Smeenk, Fasken Dec 25, 2011 Northern Exposure

Updated: Dec 25, 2011

By Brian P. Smeenk Canadian labor arbitrators are not legally bound to court-made legal rules. Rules of evidence, for example, are more relaxed. Rules of contract interpretation may also vary. But just how far arbitrators can deviate from general rules of law has been an open question. A recent decision by the Supreme Court of […]

Supreme Court Clamps Down on ‘Second Kicks at the Can’ in B.C. Human Rights Claims

By Northern Exposure Dec 18, 2011 Northern Exposure

Updated: Dec 18, 2011

By Clayton Jones and Derek Knoechel A growing frustration for Canadian employers is the need to defend against human rights claims arising out of the same factual circumstances in multiple forums. Discrimination claims that are presumptively dealt with by a labor arbitrator can resurface as virtually identical claims before a human rights tribunal. While most […]

Accommodating disabled workers–undue hardship in hard times?

By Chuck Harrison Oct 25, 2010 Northern Exposure

Updated: Oct 25, 2010

by Chuck Harrison When a warehouse worker was injured in a car accident in 2008, his employer did the right thing: Maersk Distribution accommodated his graduated return to work and provided him with light duties. Maersk stepped up again when the employee’s shoulder injury was further aggravated. But when the economy took a turn for […]