Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Canada Post Corporation v. Canadian Union of Postal Workers -

 2011 NSSC 147

Date: 20110428                                                                                             Docket: Hfx. No. 333704

Registry: Halifax 

Between:

                Canada Post Corporation               

                                                           

-and-

 

Canadian Union of Postal Workers

                                                                                                   

LIBRARY HEADING

 

Judge:         The Honourable Justice Robert W. Wright

 

Heard:       March 31, 2011 in Halifax, Nova Scotia

 

Written

Decision:     April 28,2011

 

Subject:       Judicial Review of labour arbitration award

 

Summary: Amongst CPC hirings in 2007 were two employees under the job classification of temporary probationary employees with a view to becoming letter carriers.  After taking a training program provided by CPC, both failed a mail sortation test as a result of which they were summarily dismissed.  Both employees filed grievances, contending that the training they were given was inadequate and insufficient and that therefore there was no just cause for their dismissals.

 

A consensually appointed labour arbitrator upheld these two grievances and ordered the two employees reinstated with conditions.  CPC then applied for judicial review of that award.

 

 

 

 

 


 

Issues:   Whether the arbitrator committed reviewable error in his interpretation and application of the relevant provisions of the collective agreement?

 

Held: Although the award was not a model of clarity and contained some untenable statements, when read in its full context it did reflect a sustainable and rational line of reasoning that supported the result.  Likewise, the result fell within the range of acceptable outcomes so as to satisfy both parts of the Dunsmuir test.   The application for judicial review was therefore dismissed. 

 

 

 

 

 

 

 

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