Supreme Court

Decision Information

Capital District Health Authority v. Nova Scotia Government and General Employees Union

Court Supreme Court
Date 2005-10-12
Citation 2005 NSSC 300
Docket S H 236029
Judge/Registrar/Adjudicator Richard, K. Peter (Honourable Justice)
Document Type Library Sheet
Relations Decision - Capital District Health Authority v. Nova Scotia Government and General Employees Union - 2005 NSSC 300 - 2005-10-12 - Decision

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

 

Citation: Capital District Health Authority v. Nova Scotia Government and General Employees Union, 2005 NSSC 300

 

 

Date: 20051012

Docket: S.H. - 236029

Registry: Halifax

Between:    

                                       Captial District Health Authority

Plaintiff

v.

 

The Nova Scotia Government and General Employees Union

 

                                                                                                              Defendant

 

LIBRARY HEADING

 

Judge:             The Honourable Justice K. Peter Richard

 

Heard:                        October 12, 2005 in Halifax, Nova Scotia

 

Subject:                       Application to quash arbitrator’s award            

 

 

Summary:                   Grievor hired after collective agreement was signed

 

 

Issue:                                    Did Grievor qualify as an “employee” in the transitional clause 1.02 of agreement

 

Result:                      By extending the meaning of “employee” to cover the Grievor the arbitrator                          in effect modified the Agreement and made a reviewable error - award                                             quashed.

 

 

 

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