DECISIONS
The Association successfully argued that the Member’s failure to provide information it requested during a complaint investigation was serious professional misconduct that thwarted the Association’s ability to conduct its investigation efficiently and undermined its public interest mandate. The penalty sought by the Association was ordered.
Read the determination on liability here.
Read the determination on penalty and costs here.
Tamara Ramusovic and Natasha Edgar, on behalf of the Union, successfully defended a judicial review petition seeking to overturn a labour arbitrator’s decision. The BC Supreme Court dismissed the employer’s petition for reason of undue delay in filing the petition with the Court. Although there were no applicable statutory timeframes for the filing of the petition, we successfully argued that in the circumstances of the case, the employer’s delay in seeing judicial relief was unreasonable and undermined the proper functioning of labour dispute resolution in general, and the parties’ contractual choices about how to resolve their disputes under their collective agreement.
The government sought an injunction and an order that the Defendant Unions were in contempt of court for refusing to comply with an order of the Industrial Relations Council to provide certain staffing levels during their strike. The application was dismissed and the court ordered solicitor and own client costs (actual legal fees) to the unions payable by the government for having brought the application
The Plaintiffs did not wish to join the Defendant Union or pay dues to it. They brought a Charter claim arguing that they were entitled to refuse to do so. The Court agreed with our argument that it had no jurisdiction to consider the claim even though there was an allegation that the Charter had been breached. The claim was dismissed.
Working on Coast Salish Territory - shared lands of xʷməθkʷəy̓əm (Musqueam), Skwxwú7mesh (Squamish) & səlil̓wətaʔɬ (Tsleil-Waututh), whom we thank for their forbearance.
