This article provides a case law update regarding the legality of vaccination policies in Canadian workplaces. While these recent decisions are directly relevant for unionized workplaces, the principles set out are useful for all employers, as the courts may consider similar principles when evaluating mandatory vaccination policies in relevant matters (such as wrongful dismissal claims arising out of the implementation of such policies). The current case law suggests that employers can implement protections against COVID-19 in the workplace, but such protections must be reasonable, balanced and relevant to the particular workplace.
Labour Arbitration Skills
Just as leadership styles and organizational work have evolved, so have perspectives on performance evaluation. Traditional performance evaluation is hierarchical, control-oriented, and focused on individual ranking and grading. Present-day performance evaluation is relational, facilitative, and focused on development and problem-solving (Leadership, R. Lussier, et al). In Ontario, teacher performance appraisal requirements and processes are legislated. While the legislation is founded on a more traditional “three strikes you are out” mandate, the philosophy and practices are more contemporary.
Queen's IRC has interviewed many of our expert facilitators, speakers and staff, in the areas of Labour Relations, Human Resources and Organizational Development. These interviews are now available on our YouTube channel. We encourage you to take the time to check out these videos.
In modern society, safety and privacy interests frequently seem to conflict, particularly in the workplace. Random drug and alcohol testing is one instance when these interests may conflict. Employers are obligated under occupational safety legislation to provide a safe workplace for employees. The risk of workplace accidents increases if employees are working under the influence of drugs or alcohol.
The 2010 Don Wood Lecture was delivered by The Honourable Warren K. Winkler, Chief Justice of Ontario. The Chief Justice’s lecture presented a synopsis of changes in the labour relations field. The Chief Justice spoke about the “Golden Era” of labour arbitration (1944-1967), and drawing on his experiences and observations, commented on changes in the …
This paper provides analysis into the workings of the collective agreement that governed the relationship between the National Hockey League and its Players’ Association. By examining the elements and processes of the collective agreement, the nature of negotiation, and the roles of agents, owners, general managers, and arbitrators, it shows how significant increases in player …
The revival of grievance mediation can be traced to an experiment in mediating workplace disputes in the coal industry of the United States in 1980, which resulted in a very high success rate of 80 to 90 percent. The decades that followed, researchers comparing the effectiveness of grievance mediation and arbitration concluded that grievance mediation is a faster process with lower costs that can produce a ‘win-win’ outcome and a positive long-term impact on the relationship between the parties.
Drawing on detailed interviews with experienced med-arbiters from the Grievance Settlement Board, this study looks at the advantages of “med-arb”, in which parties attempt to reach voluntary agreements before proceeding to arbitration.
Court rulings differ with respect to the authority of arbitrators to require management to act fairly and reasonably in exercising discretion under a collective agreement. This paper looks at the legal framework and the controversy over this aspect of arbitration with collective labour agreements.
Where once Alternative Dispute Resolution (ADR) referred to an alternative to the courts, ADR in the field of labour relations is increasingly being referred to as an alternative to arbitration. The objectives of ADR and the newly emerging Internal Dispute Resolution (IDR) are to settle disputes prior to having to go to binding arbitration over which the parties have little control. ADR and IDR are recognized as giving the parties greater direct voice in fashioning remedies and more timely settlements.
Unions continue to face difficulties in obtaining first agreements, due largely to the conduct of employers. Previously, bad faith bargaining complaints have been raised against such employers, but the detection criteria and remedial response used by the Board have been inadequate in dealing with first contract situations. As a result, in 1986 Ontario adopted first contract arbitration to more effectively address first agreement cases.
The institution of collective bargaining, central to public policy with respect to employment relations, requires a well functioning labour movement. There is evidence that labour organizations in the role of employer are subject to labour conflict which, if unresolved, threatens the collective bargaining regime. The survival of the movement is at risk in terms of its principles, credibility, and effectiveness as protector of the interests of the worker and promoter of social reform.