"Arbitral Creativity": Arbitrator Implies an Anti-Harassment Term in a Collective Agreement

In Toronto Transit Commission v. Amalgamated Transit Union, October 6, 2004 (Shime), a labour arbitration decision that could expose supervisors and unionized employers to significant damages, an arbitrator found the Toronto Transit Commission (TTC) and one of its supervisors liable for $25,000 in general damages for the supervisor’s harassment of a union employee.

In the case, the grievor alleged that the foreman engaged in a campaign of relentless harassment regarding his performance and productivity. The arbitrator found as fact that the foreman abused his authority and harassed the grievor by frequently and publicly telling the grievor to get back to work while others were not working, by unjustifiably complaining about the grievor’s work, by attempting to discipline the grievor where it was not warranted and by making unreasonable demands on the grievor with respect to work performance.