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What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a […]
A sharply divided U.S. Supreme Court recently ruled that provisions of a collective bargaining agreement (CBA) that clearly and unmistakably require union members to arbitrate age discrimination claims are enforceable. While the decision is unlikely to affect many employers, the ruling is the latest in a series of Supreme Court decisions finding arbitration to be […]
By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]
The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]