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ARTICLE · 30 DECEMBER 2011

Labour Arbitrators Need Not Be "Correct" – Just Be "Reasonable"

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The courts have long struggled with the degree of deference which should be shown to labour relations arbitrators.

CanadaEmployment and HR
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The courts have long struggled with the degree of deference which should be shown to labour relations arbitrators. As labour disputes become increasingly complex, it is more and more difficult to see anything like a "simple" case. As a result, the system of specialized arbitrators who decide cases between employers and unions under collective agreements have become increasingly formalistic and the legal scrutiny which has been brought to bear on these decisions has increased.

In a development which is positive for labour relations practitioners, the Supreme Court of Canada ruled on December 2, 2011 that decisions of labour arbitrators should be shown a high level of deference. The Court's decision in Nor-Man Regional Health Authority Inc v Manitoba Association of Health Care Professionals, 2011 SCC 59, involved an appeal which focused on the nature and standard of review of the courts of arbitrator's rulings.

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