In another case involving a dispute over employees’ vacation entitlement, the Supreme Court of Canada has once again ruled in favour of the arbitrator.
In Newfoundland and Labrador Nurses’ Union v. R., the Supreme Court dismissed the union’s appeal of an arbitrator’s decision not to include the time served as a casual employee when calculating vacation benefits. The arbitrator concluded that according to their collective agreement, the nurses could not count their time as casual employees in determining vacation time once they became permanent employees.
Upon judicial review, the arbitrator’s reasons were deemed insufficient and therefore unreasonable, and so the decision was set aside. The Court of Appeal overturned that decision, stating that the arbitrator had met the test of reasonableness. It was then taken to the Supreme Court to determine the reasonableness of the arbitrator’s decision.