Canadian labor trends
In the Seneca College case, the Divisional Court ruled that the arbitrator has an obligation to consider all remedy, including aggravated and punitive damages, and… Read More »Canadian labor trends
remedy
Ask the advocates
Labor and management advocates describe the attributes they seek in an arbitrator, the conduct of the hearing, the handling of evidence, closing statements, mediation, decision-writing… Read More »Ask the advocates
Introduction
An introduction to two articles about remedies in arbitration awards. Arbitrator Fleischli observes that the parties often fail to sufficiently address the subject of remedy.
Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
Arbitrator Dunsford observes that there is no legal impediment to the arbitrator’s retention of jurisdiction with respect to remedies, and such retention, without time limit,… Read More »Should arbitrators retain jurisdiction over awards?On retaining jurisdiction
Should arbitrators retain jurisdiction over awards?O functus officio: Is it time to go?
The principle of functus officio is examined. Arbitrator Nicolau advocates allowing an arbitrator to clarify or correct his/her decision at the request of a single… Read More »Should arbitrators retain jurisdiction over awards?O functus officio: Is it time to go?
Pre-hearing process – old and new: Management perspective
The author discusses how he, as a management attorney, likes to have four factors addressed prior to the hearing: 1. discovery, 2. issue framing including… Read More »Pre-hearing process – old and new: Management perspective
Pre-hearing process – old and new: Union perspective
The author views many pre-hearing motions by management counsel as attempts to control the hearing or its outcome, or to support its subsequent appeal. He… Read More »Pre-hearing process – old and new: Union perspective
Make-whole and statutory remedies:2. The displaced employee
An examination of how to make an employee financially whole when the employee is displaced from the workplace without just cause, and cannot be put… Read More »Make-whole and statutory remedies:2. The displaced employee
Make-whole and statutory remedies:3. Union perspective
The author advises employees to pursue statutory discrimination claims before arbitrating such claims as CBA violations, because the statutory remedy can yield more money than… Read More »Make-whole and statutory remedies:3. Union perspective
New roles for labor arbitrators. Part 2. Justice and the wrongfully terminated
The payment of money damages, rather than reinstatement, is the prevailing remedy in non-union wrongful termination cases, and also in industrialized democracies other than North… Read More »New roles for labor arbitrators. Part 2. Justice and the wrongfully terminated