The Support Services collective agreement in health care provides that an employer may recover sick bank payments made to an employee if the employee recovers monies in court from a personal injury claim. The grievor had collected sick pay and, signed a recovery agreement. She subsequently obtained damages in a personal injury action. The employer wished to recover 100% of the monies they paid out. The arbitrator agreed that the employer had to permit the grievor to deduct her legal fees and disbursements from the monies to be repaid to the employer.
Ingenthron v. Overwaitea Food Group and Van Pelt (No. 2), 2006 BCHRT 556
Westfair Foods Ltd. v. United Food and Commercial Workers International Union, Local 1518, BCLRB No. B244/2006
Canadian National Railway Company, [2006] CIRB no. 362
Global Television Network Inc. et al., [2006] CIRB no. 351
Kenneth G. Lequesne, [2004] CIRB no. 276
Ferguson et al. v. Ferstay et al, 2000 BCSC 1183
A number of elected union officers were awarded over $200,000.00 in damages when their lawsuit proved that they had been defamed by two disaffected union members. This result was achieved in a summary trial without the necessity for oral testimony.
Masunda v. Johnson and Leong (BCSC)
The Plaintiff sued the union president and a member, alleging that they had defamed him in certain published communications. The court dismissed the claims agreeing with the Defendants that the publications complained about were protected by the defence of qualified privilege.
Construction and General Workers' Union, Local 602 and Attorney General of British Columbia
The CGWU (Labourers Union) challenged newly enacted government regulations which restricted certain unions from representing employees in the health care industry. On our application those regulations were struck down as being invalid. Subsequently the government changed the regulations to permit any union to represent employees in health care.
Her Majesty the Queen v. Union of Psychiatric Nurses et al.
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