Arbitrator Strikes Down Annual Drug and Alcohol Testing Policy and Awards “Significant Damages” for Breaches of Workers’ Privacy Rights

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Seaspan ULC v. Canadian Merchant Service Guild (Chambers and Group Grievances), [2017] C.L.A.D. No. 22 (McEwan). The Canadian Merchant Service Guild (the “Union”) challenged Seaspan’s (the “Employer”) right to require annual drug and alcohol testing for officers under threat of penalty. The Employer felt it was entitled to introduce the testing because it agreed to do so as a term of its contra...
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Grievor’s Comments not ‘Harassment’ – Reinstatement Awarded

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Western Forest Products Inc., Duke Point Division v. United Steelworkers of America, Local 1 - 1937 (Vanderbasch Grievance), [2016] B.C.C.A.A.A. No. 142 (Coleman). This case involved the termination of a shop steward for harassment and bullying in contravention of an anti-bullying and harassment policy. The employer alleged the grievor, a forklift driver, harassed and bullied another employee b...
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Relying on Union Security Clause not Unfair Labour Practice

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Sibola Mountain Falling Ltd. (Re), [2015] B.C.L.R.B.D. No. 145 Sibola Mountain Falling ("Sibola") filed a complaint alleging the Union used coercion and intimidation contrary to Section 9 of the Labour Relations Code (the "Code") by threatening to place a woodworkers' lien on its wood if the Union did not receive an answer about unionizing. Sandra Banister QC successfully argued that Sibola ...
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Kugel Mesh Settlement Approved By Ontario Court

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A settlement has been reached in the class action relating to certain mesh hernia repair products with the brand names Kugel, Composix Kugel, Modified Kugel or Ventralex. The lawsuit alleged that these products contained rings that could break or buckle causing complications.  The defendants deny the allegations and they were not proven in court. The Ontario Court of Justice has now approved th...
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Kugel Mesh Class Action Settlement

Posted on by banister
A settlement has been reached in the class action relating to certain mesh hernia repair products with the brand names Kugel, Composix Kugel, Modified Kugel or Ventralex. The lawsuit alleged that these products contained rings that could break or buckle causing complications.  The defendants deny the allegations and they were not proven in court. Patients who were implanted with these products ...
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Worker’s Collective Agreement Rights Restored After Employer Fails to Recall Him For Work

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Arbitrator Vince Ready agreed with Sandra Banister’s argument that the employer had violated the collective agreement by failing to recall the grievor, pursuant to its obligations as successor under the Woodlands Letter. Mr. Ready ordered the grievor’s seniority and benefits be fully restored, and that he be made whole with respect to lost wages, out of pocket expenses, and pension contributions. ...
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