Breaking News for November 20, 2001 |
Can employees refuse to answer questions during a theft investigation?
A British Columbia arbitrator recently considered whether an employer was justified in suspending an employee who refused to answer repeated questions about a theft.
 Can a collective agreement exclude benefit disputes from arbitration?
Is it possible for a union and employer to agree not to take benefit disputes to arbitration? Or is such an agreement void as being an attempt to contract out of the statutory requirement to arbitrate? An Ontario arbitrator has recently considered these issues, adding a further dimension to the debate over arbitrability of benefit plan issues.
Can human rights commissions investigate discrimination claims unproven at arbitration?
Does the doctrine of issue estoppel prevent a human rights commission from investigating a discrimination complaint that has already been dismissed at arbitration? In two cases, heard together, the Federal Court recently considered this issue and indicated a reluctance to interfere with the Commission's decisions in the early administrative stage of the complaint process.
 Should compassionate leave clauses be interpreted literally or purposively?
Two recent arbitration decisions considered the meaning of the grandparent-grandchild relationship in bereavement leave provisions. In one decision, an employee was allowed paid leave to attend a funeral despite having no blood relation to the deceased. In the other case, the employee was denied paid leave.
Brief Notes
Is time served as a "casual employee" included in the calculation of vacation entitlement?
| May/June, 1999 | Vol. 35, No. 5/6 |
Can employees refuse to answer questions during a theft investigation?
A British Columbia arbitrator recently considered whether an employer was justified in suspending an employee who refused to answer repeated questions about a theft.
Can a collective agreement exclude benefit disputes from arbitration?
Is it possible for a union and employer to agree not to take benefit disputes to arbitration? Or is such an agreement void as being an attempt to contract out of the statutory requirement to arbitrate? An Ontario arbitrator has recently considered these issues, adding a further dimension to the debate over arbitrability of benefit plan issues.
Can human rights commissions investigate discrimination claims unproven at arbitration?
Does the doctrine of issue estoppel prevent a human rights commission from investigating a discrimination complaint that has already been dismissed at arbitration? In two cases, heard together, the Federal Court recently considered this issue and indicated a reluctance to interfere with the Commission's decisions in the early administrative stage of the complaint process.
Should compassionate leave clauses be interpreted literally or purposively?
Two recent arbitration decisions considered the meaning of the grandparent-grandchild relationship in bereavement leave provisions. In one decision, an employee was allowed paid leave to attend a funeral despite having no blood relation to the deceased. In the other case, the employee was denied paid leave.
Brief Notes
Is time served as a "casual employee" included in the calculation of vacation entitlement?
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