SUPREME COURT OF NOVA SCOTIA
Citation: Capital District Health Authority v. Nova Scotia Government and General Employees Union, 2009 NSSC 174
Date: 20090909
Docket: Hfx 305818
Registry: Halifax
Between:
Capital District Health Authority
Applicant
v.
Nova Scotia Government and General Employees Union
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Gerald R. P. Moir
Heard: July 30, 2009 at Halifax
Subject: Judicial review, Arbitration, Interpretation of Collective Agreement
Summary: An arbitrator held that the employer had to interview an applicant in a job competition even thought the applicant did not have one of the minimum posted qualifications, a nursing degree. In doing so, he gave effect to a principle of equivalent qualification, which some arbitrators do not accept, and he interpreted the management rights clause to be restricted by the clause for seniority rights.
Issue: Whether the award was reasonable?
Result: Reasonableness is the applicable standard. The award follows an expressed path that is intelligible. The path leads to a possible outcome that is rational. Review is dismissed.
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