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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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A survey of the evolution of the jurisprudence of the Supreme Court of Canada in matters of grievance arbitration. From 1975 to 1986 the Court of Canada establisheda policy supportive of the grievance arbitration process. Professor Nadeau reviews the seminal Court decisions, establishing a policy of deference to labor arbitrators’ rulings on collective bargaining agreements …

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Canadian jurisprudence: The authors posit that, despite what Professor Nadeau coins the Supreme Court’s “Pro-Arbitration Judicial Policy,” the lower courts have not consistently followed this “Policy,” preferring instead to intervene in employment-related matters that they perceive to be of importance, and have ruled that certain workplace disputes are not properly within the jurisdiction or remedial …

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Canadian Jurisprudence: Recent developments in the duty to accommodate employees’ disabilities.

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