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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THE COVER SHEET.