Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern: Administrative Law – Labour Law – Unemployment Insurance
Winnipeg Airports Authority Inc. v. Public Service Alliance of Canada et al. 2015 MBCA 94
Administrative Law – Labour Law
Summary: An arbitrator was appointed to determine 65 grievances. At issue was whether employees could receive two premiums for the same hours worked: the shift premium, which was paid to employees for all hours worked between 4:00 p.m. and 8:00 a.m. as long as the majority of that shift occurred between those hours; and the weekend premium, which was paid to employees for all regularly scheduled straight time hours worked on a Saturday or Sunday. The arbitrator interpreted the relevant provisions of the collective agreement, determined that the employees were entitled to the premiums and allowed the grievances. The employer sought judicial review.
Thibodeau v. Canada (Attorney General) 2015 FCA 167
Summary: The Employment Insurance Commission determined that the applicant was disqualified from receiving benefits on the ground that he had lost his job because of misconduct (Employment Insurance Act, s. 30). The applicant appealed. The Board of Referees initially dismissed the appeal, but reached the opposite conclusion by reason of a “new fact” (i.e., an agreement between the employee, his union and his employer changing the dismissal to a suspension). The Board therefore cancelled the disqualification and confirmed that the applicant’s disentitlement was limited to the duration of the suspension for misconduct provided for in the agreement (i.e., three weeks). The decision was appealed. The Social Security Tribunal, Appeal Division, allowed the appeal. The applicant applied for judicial review.