Supreme Court of Nova Scotia
Citation: Metro Community Living Support Services Ltd. v. Nova Scotia (Labour Board), 2016 NSSC 123
Date: 20160509
Docket: Hfx No. 441500
Registry: Halifax
Between:
Metro Community Living Support Services Ltd.
Applicant
v.
Nova Scotia Labour Board
Respondent
v.
Nova Scotia Government and General Employees Union
Respondent
Library Heading
|
Judge: |
The Honourable Justice Suzanne M. Hood |
|
Heard: |
December 1, 2015 in Halifax, Nova Scotia |
|
Written Decision: |
May 9, 2016 |
|
Subject: |
Judicial review of Labour Board decision. |
|
Summary: |
The Applicant employer seeks to have the decision of the Labour Board quashed. |
|
Issues: |
(1) Did the Board exceed its jurisdiction? (2) Was the decision of the Board reasonable in its interpretation of s. 28(1) of the Trade Union Act? (3) Was the decision of the Board reasonable in finding arbitration was not available to the union as a remedy? |
|
Result: |
Labour Board had jurisdiction to decide the issue. Board decision quashed. Result of interpretation of s. 28(1) not reasonable. Decision that arbitration not available is not reasonable. |
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.