3 edition of Labour arbitration in Canada found in the catalog.
Labour arbitration in Canada
A. W. R. Carrothers
|LC Classifications||LAW |
|The Physical Object|
|Number of Pages||204|
|LC Control Number||63002469|
To the extent that a foreign court may be in a jurisdiction which has not signed the New York Convention — of which there are fewer and fewer — Canadian courts have a good reputation internationally for attracting the requisite comity eg, an independent judiciary operating in an environment considered among the most limited for corruption in the world. Under the Quebec Code of Civil Procedure, three arbitrators is the default. Retrieved from Labour Spectrum database. How enforceable are foreign arbitral awards in your jurisdiction?
Advertise Labour Arbitration as a Dispute Resolution Mechanism Labour arbitration has become one of the chief methods of dispute resolution in the Canadian workplace. What if there are any mistakes? Labour arbitration in Canada book The Grievance Arbitration Process in Canada The grievance arbitration process is central to the overall relationship between management and unions in Canada. Definition of Arbitration We can define arbitration as: "Arbitration is the dispute resolution process of having an impartial arbitrator, or arbitration board, pass a decision where the parties in dispute have been unable to negotiate a settlement. In the commercial sphere, arbitration acts, found in every Canadian jurisdiction, govern the arbitration process and give legal effect to agreements between parties to submit any contractual dispute to arbitration rather than to the ordinary courts for binding determination.
As a result, this arbitration process plays a very important regulatory role in the overall Labour arbitration in Canada book relationship. The Grievance Arbitration Process Since federal and provincial labour laws prohibit strikes and lockouts during the duration of the collective bargaining agreement, this arbitration process has become the avenue through which any contractual grievances, that may occur during the term of the collective agreement without any work stoppage, are dealt with. This legislation does contemplate by providing for extensions of time that parties may stipulate a time limit in their arbitration agreement. Courts in the past have recognised the permissive nature of this issue under the New York Convention and, in certain circumstances, may enforce an award that has been set aside at the seat. Here is the topic overview and numbered footnotes.
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Jurisdictional objections How should an objection to jurisdiction be raised? By the arbitral tribunal Once appointed, arbitrators may award interim relief without prior authorisation from a court. In final offer arbitration, the discretion of the interest arbitration tribunal is limited to selecting the proposals put forward by one or the other of the parties, whether as a package on all issues outstanding between them or on an issue-by-issue basis.
If parties are unable to agree or have not provided for such in their agreement, the challenging party must send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days of becoming aware of the circumstances.
You should see the home page of Labour Spectrum Essential. Finality Is the award final and binding? Powers and obligations What powers and obligations do Labour arbitration in Canada book have? Procedural rules Are there any procedural rules that arbitrators must follow?
Criteria for arbitrators Are there any restrictions? The provisions of the Model Law and the Code of Civil Procedure setting out the grounds for challenging an arbitral award are generally considered to be peremptory, although there are provincial variations.
By the courts Courts have wide discretion to grant interim relief orders and retain their inherent powers to grant provisional measures before, or during, arbitration on the application of one of the parties.
Domestically, in British Columbia, the short rules provide for a decision to be rendered within 30 days of the closing of the hearings, whereas the standard rules allow for 60 days after the close of the hearings.
Language is addressed only by the international arbitration legislation, which provides that parties are free to agree on the language s to be used in the arbitral proceedings.
Reconsideration of substantive Labour arbitration in Canada book is not permitted. Liability of arbitrators Are arbitrators immune from liability? What if the union and the employer cannot settle a grievance? Communications are in writing and oral in person, telephone or video conference throughout an arbitration proceeding.
The award Requirements What legal requirements are there for recognition of an award? This legislation does contemplate by providing for extensions of time that parties may stipulate a time limit in their arbitration agreement.
Remedies Does the law impose limits on the available remedies? Gunderson and Ponak, page In current labour relations, the grievance arbitration process has become a compulsory statutory requirement whereby the disputing parties are required by law to try Labour arbitration in Canada book resolve their collective agreement dispute through the grievance arbitration process.
Alternative Grievance Arbitration Systems As a result of these criticisms, and to overcome these drawbacks, the conventional grievance arbitration system has been modified to include alternative and more innovative systems, such as expedited arbitration and grievance mediation, to help resolve workplace grievances disputes.
Read the case award. When the union and employer cannot resolve a dispute, it can be referred to an Arbitrator. Hot topics Emerging trends Are there any hot topics or trends emerging in arbitration in your jurisdiction?
Legislation in Canada provides no express immunity but most arbitral institutions rules do. In situations where an agreement cannot be reached between the parties, the arbitration process kicks in. The appointment of an arbitrator may be challenged, and an arbitrator disqualified, if circumstances give rise to justifiable doubts as to his or her independence or impartiality ie, there is a reasonable apprehension of biasor where the arbitrator does not possess the qualifications agreed by the parties in their agreement.
Canadian awards are enforceable in the same way as any other foreign award subject to the New York Convention. Click here to view the full article.Labour Arbitration as a Dispute Resolution Mechanism. Labour arbitration has become one of the chief methods of dispute resolution in the Canadian workplace.
Disagreement and disputes over collective agreement issues are common in the workplace, even when there is a collective agreement in place. Labour Arbitration Cases. Canada Law Book, - Arbitration, Industrial. 0 Reviews. From inside the book. What people are saying - Write a review.
We haven't found any reviews in the usual places. Other editions - View all. Labour Arbitration Cases Snippet view - How binding is the decision of an arbitrator or arbitration board? It is final and binding. If it is not obeyed, it can be filed with the Ontario Court (General Division) which would enforced Labour arbitration in Canada book decision.
Failure to abide by an arbitration decision can be contempt of court. (See Section 48 (18) (19) of .Mar pdf, · In Quebec, Canada’s only civil law jurisdiction, arbitration is governed by the Civil Code of Quebec (relevant sections in Books 5 and 10) and the Quebec Code of Civil Procedure (Book 7.Jul 15, · LabourPractice is the specific product on Quicklaw download pdf Canadian labour law practitioners, and includes online access to labour texts such as Palmer & Snyder’s Collective Agreement Arbitration in Canada and Rayner’s Law of Collective Bargaining, as well as a number of other case law digests and current awareness tjarrodbonta.com: Christopher C.
Rootham.Thus Labour Law and Ebook Relations in Canada, is your answer to the most detailed resource aid available on the subject. This book is an offprint from the Canadian Chapter in the International Encyclopaedia of Labour Law and Industrial tjarrodbonta.com by: 1.